Q: A friend of mine is in jail and has been there for 2 months he is going to his pre preliminary hearing on the 6th.
his charges are assault with a dangerous weapon, domestic assault & battery then 2 malicious injusry to property under $1000.00. The women(ex gf) has wrote a letter to the DA that she doesn't want to push these charges, that things got out of hand. Could you tell me what your professional opinion is on what will happen when he goes to the pre preliminary hearing. he has acourt appoint attorney. Do you think they will release. he has never been in trouble before. this is all in McIntosh county.Thank you for you time. Candi
A:
Candi, since I don't practice in McIntosh county, I don't have any insight, or history of dealing with the DA or the Judges, so I'll just give my general thoughts on this.
If the Ex GF doesn't want to press charges, this does not mean cases will be dismissed. However, if they are no longer together, chances of a dismissal increase. It really all depends on the severity of the case. Is she the victim in the other charges too? If she fails to show up for the Preliminary Hearing, chances are the State can get it passed to another date if this is the first time it is set for hearing. Rely on advice from his attorney who deals with the Judge and Prosecutor on a daily basis.
Please visit my website, www.garyjdean.com, for information on Oklahoma Law, and at the bottom of the home page, if you "Subscribe" you will get periodic emails on new things going on in Oklahoma law. Thanks, and good luck with your issues.
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