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What happens if the DA doesn't show up for court?

Shawnee, OK |

My court date is Wednesday and the DA didn't file yet and he think it's Thursday.

Attorney Answers 3

  1. I'm confused by the question. If the DA didn't file yet, how to you have a court date at all?

  2. Nothing confusing about the question.
    You probably were given the court date when released from jail. Regretfully it probably means that you will be given another date by the judge to appear. It does not sound like there is a statue of limitation issue and it appears you are not in custody so the DA has plenty of time to decide. Often they file on the day of court.

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  3. I'm not sure how you know the DA thinks it is Thursday but shouldn't matter. Most DA offices, including Pottawatomie County, pull the daily dockets for the judges they appear in front of so should get caught by the staff. It is possible to file the charges right before court. If the DA is not present, the judge's office will call over to the DA's office and have someone come over. They are next door in the old Carnagie library.

    If the charges are not filed yet, the judge may give you a new court date to return or tell you to stay in touch with your bondsman. They can file anytime during the statute of limitations which is usually 2-3 years in Oklahoma but depends on the crime.

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    Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.

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