He was detained for five days. As far as I know an officer must always read you your rights even though this was a misdemeanor. Also he did not go through the court system, more so the court didn't do any action to allow him his defensive rights...
Your facts are incomplete and thus confusing. Generally, Public Intox is simply being drunk in public, as already mentioned. The statutes allow officers to put people into Detox instead of arresting and charging them with PI. They are simply detained until sober and then released. No court. No fines. etc.
If he was actually booked in (fingerprinted and mug shot) then he was arrested for the PI. Miranda warnings are to protect people from saying stuff they shouldn't after they are arrested. You've not mentioned any such statements.
It is also possible he could still be facing a court date, but he would have been told upon release. Many municipalities handle these and allow person to just pay fines.
If not sure what happened, contact the court clerk and see if anything was filed.
BC, OBTAINING MERCHANDISE BY BOGUS CHECK is showing on OSCN.Net with my name and address, my driver license info, but a Okmulgee Oklahoma address that I have NEVER lived at. The address showing on OSCN.net is my ex-husbands address. There is NO WA...
With an attorney's help you may be able to provide necessary proof to the DA's office to have the charge amended.See question
I have no priors this is my first offense other than when I was juvenile.
In addition to what has already been said, Once you complete the deferred successfully then your plea of guilty can be removed and your court record will be expunged . But the arrest will remain on your record for 10 years after that. If at that time you have no convictions, you will be able to remove it.See question
His mom takes him to stay with the girl and baby until she gets mad then she threatens to file rape charges against the girl and threats to put her son in a home and take the baby.He will be sixteen in April 2015 and has been in lot of trouble. Hi...
Criminal charges are the decision of the DA and not his parents. Yes the can file a complaint and the DA could potentially file charges. But as mentioned already, doesn't necessarily mean she will go to jail.
Custody is a completely separate matter. Unless his parents help their son seek a custody arrangement (and possible have to pay child support), young mom can call the shots right now. She's an adult. So unless she is deemed to be unfit, baby probably stays with her. Young mom needs to not let young dad stay with her anymore.
She definitely needs to consult with a family law attorney.
I was convicted in Missouri in 2007 on a class c felony. In 2012 I completed my unsupervised probation and paid back the money. I live now in Oklahoma and would like to get my civil rights restored so I can hunt and vote again
If or when you have completed your FULL sentence, then you will NOT need a pardon to restore voting rights. See 26 OS 4-101; which says:
"Every person who is a qualified elector as defined by Section 1 of Article III of the Oklahoma Constitution shall be entitled to become a registered voter in the precinct of his residence, with the following exceptions:
1. Persons convicted of a felony shall be ineligible to register for a period of time equal to the time prescribed in the judgment and sentence.
However, as for your gun rights, you will have to have a pardon. I suggest you google the pardon process for MO. It's possible you can do it without an attorney. But for best results, you will need to hire an attorney.See question
I Live in Oklahoma did a knife trade with a man on facebook in Jan 2015 I received his knife but he says he didn't received mine then he filed a police report in his home state of California the officer came and ask if I had the knife witch I told...
There is not enough information to sufficiently answer the question.
1. did you actually mail the knife the first time?
2. Where was the officer from? Local PD?
3. What knife did you give the officer? the one you were suppose to mail or a different one?
and other questions to follow these.
However, do not answer these questions on here for more info. Contact a local criminal attorney - especially one that handles federal cases, and talk these details with him/her in full confidence.
10/21/14: 2 cts DOMESTIC ABUSE BY STRANGULATION; 1 ct DOMESTIC ASSAULT AND BATTERY WITH A DANGEROUS WEAPON 1 ct AGGRAVATED ASSAULT AND BATTERY above charges now said: PHC CONT TO 3-6-15; 12/08/14 victim deceased: ; but phc...
A "Criminal Probable Cause" filing is not the same as filing charges. the CPC is filed whenever a person is in custody having been arrested. It seeks to have a judge find probable cause sufficient to hold the person for a period of time to allow charges to be filed. If needed, the time is extended as it was here. However, once the time expires, the person can no longer be held on that CPC. So if charges are not filed then the person has to be released from that CPC. And technically the judge has to issue the Order of Release, so that the jail will "release" her as to that arrest.
If your concern is: does this release the "defendant" from jail? The answer is "no." She is still being held without bond on her other cases.
would this be grounds for a deframation of character or wrongful inprisonment lawsuit in the end i was found not guilty by the jury just wondering alot of people have told me i should sue them
Sue who? The DA is immune from lawsuit. However, you can make a formal complaint to the Oklahoma Bar Association if you believe the DA put up a witness knowing the testimony was not true.
As for suing the witness, unless the person has a lot of money for you to possibly win, or you have a lot of money to pay an attorney to help you sue, it won't be worth it.
But if you really want to know whether a lawsuit has any merit or is worth it, the answer is best given by the attorney you sit down with in a consultation where the details can be given and discussed.
I was charged with "convicted felon in possession of a firearm" cops come to house wear me and 4 other people live. Me and 3 others are felons...Gun was in mine & my wife's. room on her side of the bed under the mattress...I never had possession o...
and you had better hope that the prosecutors don't read your post. "anonymous" only means your name is not attached. But you listed a small town and very specific facts. keep the details of your case off the internet.
that said: as already said: "possession" can be constructive. Basically you have access. If it was always kept in her locked safe and only she had the combination, you might have a defense. but whenever it's out in your bedroom, it's in your possession, too.
I, too, am curious as to why the cops came in. Definitely get a lawyer.
Like most, whenever I've received a citation, I walk it into the courthouse and pay in full, typically with a money order. In April 2001, I did just that. I recently discovered that the case was notated that I supposedly only paid $104 of a $143...
You have a bigger concern: your license. Failure to pay can cause DPS to be notified and your license to be suspended.
Without proof of paying $143, you will have to pay the at least the difference of $39. (by the way, if you paid via check, you could pull bank records from then) At best, you could try to argue out of paying the warrant fee. To do that, you will have to file a motion and see a judge. The Court Clerk at OKC has a fill-in-the-blank motion form. But the hassle it takes to avoid paying it may outweigh the cost of paying it. Just a thought.