Legal Question in Criminal Law in Oklahoma
Statute of Limitations
A judgement made by a County DA in a homicide case was
''Justifiable Homicide''. What is the statute of limitations
to file for a County Grand Jury Petition.
1 Answer from Attorneys
Re: Statute of Limitations
Title 38 Sec. 101 et seq. of the Oklahoma Statutes governs the rules for citizen-initiated petitions to convene a county grand jury. Most certainly, a grand jury would have to be convened AT LEAST in time to return an indictment prior to the time that the statute of limitations would run for the prosecution of the underlying crime. In Oklahoma, there is no limitations period for murder. However, if lesser crimes were committed, then the limitation period for charging those crimes could typically be as short as three (3) years. Further, trails grow cold with time. Therefore, it would be prudent to file the Petition to convene at least as soon as the district attorney declined to file charges. It would be advisable to hire a lawyer to file the Petition, as there are additional time limits that come into play after the filing of the Petition to convene. You can run into a procedural mine field without expert assistance. THIS IS A GENERAL RESPONSE PERFORMED AFTER LIMITED LEGAL RESEARCH. THIS RESPONSE IS NOT INTENDED TO BE LEGAL ADVICE UPON WHICH YOU BASE YOUR FUTURE DECISIONS. YOU SHOULD CONTACT AND HIRE AN ATTORNEY IN PERSON FOR THE PURPOSE OF DETERMINING YOUR SPECIFIC RIGHTS AND CALCULATING ANY APPLICABLE LIMITATIONS PERIOD.
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