Broken Arrow, OK asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma

Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not

1 Lawyer Answer
Brian Boeheim
Brian Boeheim
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they refuse to file charges on the person who broke into your home and you have proof of who did it and what they took, you can feel a civil suit in small claims to recover your lost items or the value of them.

With over 3,000 clients accused and arrested on criminal charges in the past 5 years, it is very unfair and inconsistent how the police and the DA treat people like yourself.

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