Legal Question in Criminal Law in Oklahoma

Pending case - DWI w/ bodily injury

My son is currently incarcerated on another charge and has a case pending. A writ has been issued but the county involved notoriously drags its feet so that the case is not heard until the current sentence has been served, thus extending the sentence time. What motions can be filed to expedite the court to hear (or try) the case while he is incarcerated and possibly receive a concurrent sentence?


Asked on 8/19/08, 8:48 pm

1 Answer from Attorneys
John Graves The Law Office of John H. Graves, PLLC

Re: Pending case - DWI w/ bodily injury

You can file a motion for speedy trial. If a trial is requested and not given the State may waive the prosecution. There is no way to compel them to writ him out for trial, however they may waive the opportunity to prosecute. You should be advised that there is no way to compel that court to run the sentence concurrent with his current charges. Oklahoma has passed some new law regarding sentence administration and ODOC has its own OPS available online regarding sentence administration. Those would be good reading to educate yourself regarding CC and consecutive sentences. Best of luck.

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Answered on 8/19/08, 11:31 pm


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