Q: Is a motion to hear new evidence how you get a judge to rule victim abused a protection order Okla Statute 22-60.9E ?
the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their affidavit of probable cause. The charges were immediately dismissed for insufficient evidence. '
Long story short the defendant had two paid attorneys that he fired before being assigned the public defender. Public Defender and their office will not return calls. The Defendant spent 5 months in jail because of the false accusations. The 5yr, protective order has been in place for a couple of years by default judgment. The DA wont press charges (outside scope of his duties) until a report is made and investigated. The sheriffs office won't do investigation or take a report because they seem to think because a detective had probable cause to charge defendant they can't do anything.
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