Asked in Criminal Law for Oklahoma

Q: Does state have to show any kind of proof to support their allegations in motion to revoke bond refiling as felony?

Dismissing the misdemeanor case at my trial that I had been out on bond for and refiling as a felony by making several allegations of stalking the victim while on bond, Does the state only have to allege other crimes committed while on bond for them to revoke bond and issue a felony warrant? Because none of those allegations were supported by evidence during discovery and as a result of that the DA handling the felony case had no choice but to amend the case back to a misdemeanor. Those allegations were the kind that could have easily been supported by documents such as DA stating the victim made several reports to another county bout me following her, an alleged break in of her home by me, and threatening victims life thru Facebook messenger. The felony & misdemeanor case was eventually dismissed for insufficient evidence. Can the DA be held accountable for using fabricated allegations that had no evidence to support those allegations that were used to rearrest me and higher bond?

Related Topics:

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.