Legal Question in Criminal Law in Oklahoma

a woman claimed that a man hit her and caused her to lose her unborn baby. However, it has come out that she had a hysterecomy a few years ago and can not get pregnate. She has been pushing the issue to have this man put in jail, on a lie. The DA is finding out about her lying ways, so how likely is it that the DA prosecute her for filing false police reports among other offenses?

the man went to jail 2 times. The charges were dropped several months back, and when the woman found out she sought out the DA and pressed to have him arrested and recharged. This matter went to jury trial and the woman was ordered to obtain medical records and take them back to court with her, which she failed to do, and didn't bother showing up at court.

Can the DA or the man press charges on her? if so what all can she be charged with?


Asked on 11/07/12, 1:28 pm

1 Answer from Attorneys

James Watzke James Watzke Attorney at Law PLLC

The District Attorney could possibly bring charges against the woman for failing to obey a subpoena or for perjury if she testified under oath and gave false testimony, but it is highly unlikely that they would do so because they generally don't want to do anything that would discourage people from bringing possible law violations to their attention.

Based on the facts you have given, the man could possibly have a civil cause of action for malicious prosecution against the woman. In order to bring a claim for malicious prosecution the man has the burden of affirmatively proving five elements:  (1) the bringing of an original action by the defendant, (2) its successful termination in plaintiff's favor, (3) want of probable cause, (4) malice, and (5) damages. There is not enough information available in your question to determine if the man can prove all 5 of those elements so he should consult with an attorney to discuss the details regarding the prosecution which was pursued against him, and determine if he has any possible remedy.

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Answered on 11/09/12, 7:12 am


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