Q: Does title 22 O.S. section 234 allow DA assigned to a misdemeanor case discretion to refile as a felony?
Wonder if a prosecutor misrepresented facts responding to my complaint to the OBA. It was a 1st offense for violating a protection order. Prosecutor claims that title 22 O.S. sect 234 gives her the descretion to refile as a felony. But from what I read it only allows a felony to be amended to a misdemeanor.
A: The DA cannot file a VPO first offense as a felony unless there are other charges added. You are correct 22 O.S. 234 provides what I would call a relief valve for special circumstances where a non-violent crime, which is a felony, may be amended down to a misdemeanor in the interest of justice. If you need help fighting this give us a call at 918-884-7791 Boeheim Freeman Law.
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