Edmond, OK asked in Criminal Law for Oklahoma

Q: I asked the state to drop charges on my ex for domestic abuse in the presence of minors. Can I change my mind?

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1 Lawyer Answer
Howard Berkson
Howard Berkson
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: Yes, you can change your mind. Here are details: Whether the state can re-file charges depends on whether the constitutional protection against double jeopardy applies and whether the criminal charge has "expired" under the statute of limitations. Ordinarily, the Constitution protects a person from being charged a second time for the same act once a jury has been sworn. If the State dropped charges before a jury was sworn, it can re-file those charges unless the statute of limitations has passed. The limitations period depends on whether the charge was a felony or a misdemeanor. Call the district attorney's office in the county where the case was being prosecuted and let them know you have changed your mind. They will have all the information necessary to determine if they can charge your ex again.

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