Tulsa, OK asked in Criminal Law and Domestic Violence for Oklahoma

Q: DA filed Burks notice about a past incident never reported to polic but there is one. Is that prosecution misconduct ?

In DA's statement of facts on my brother to support probable cause the DA exaggerates what victim reported to police about a domestic assault committed by my brother on the victim 5 yrs ago that makes him seem abusive, how it wasn't reported to police, and that she continued to stay with my brother cause they just had a baby but then left him a year later when the abuse got worse. Thats all a lie. She did make a police report. It stated the victim was unconscious on laying on side of the road, was extremely intoxicated, could remember at first,& didn't want to press charges. He broke up with her and she begged for him. He gave her another chance because of the baby but then caught her cheating later & when he tried to get visitation she tried to set him up but got caught & plead guilty to a felony for false amber alert on my brother. She also filed a habeas that the baby wasn't his. Dhs DNA proved he is the father. The DA just repeats, as fact, whatever victim says without proof.

1 Lawyer Answer

Keegan Kelley Harroz

Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: This is not prosecutorial misconduct.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.