Q: How long does the DA have to press charges for domestic assault if the other person didn't press charges?
The police came to my home in February of 2020 due to an argument my girlfriend and I had. I was not arrested and she did not press charges nor file a protective order against me. Everything has been fine since then. On May 12th 2020, my girlfriend received a letter in the mail naming her as a victim of a crime. It said that criminal charges had been filed against me on May 8th 2020 for domestic assault and battery by strangulation. My girlfriend did not pursue the matter after the initial visit from police. Are they able to file charges after months have gone by? What is the statute of limitations? What steps should I take, besides hiring a lawyer, to handle this matter and try to get the case dismissed?
A: Hire a lawyer! Don't make any statements to anyone, especially the police. Do not ask you girlfriend not to testify, because that could be construed as witness tampering, or intimidating a witness. The DA has 3 years to file charges. They also don't need your girlfriend's testimony in order to move forward with this case. It is a common misconception that the alleged victim has to "press charges". Actually, only the DA can charge someone with a crime and they do not need the cooperation fo the alleged victim. There is also a complication if there were any other witnesses, or she made statements that they would consider an excited utterance. If you are in Tulsa, or a surrounding county, give us a call and we can discuss it.
David A. Cincotta agrees with this answer
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