Legal Question in Criminal Law in Oklahoma
Kidnapping
I would like to know the preliminary hearing entails. My brother has been arrested for kidnapping. The witness statements all say diffent things and none of them are very reliable. The victim is of age and has fled the state, but they are allowing his mother to file charges. He didn't even go to the hopital though. I would also like to know if there is any chance of getting this dropped to assault and battery since the victim isn't even going to show up for any of the proceedings. Thank you.
1 Answer from Attorneys
Re: Kidnapping
At prelominary hearing, the government must prove that it is more likely than not that the crime was committed and that your brother committed it. It might be dropped if they cannot meet this burden without the victim's testimony. Amending to A&B is possible as well if the period of detention was very short. Good luck.
Chad
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