Indianapolis, IN asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Oklahoma

Q: I was bonded out jail for public intoxication and charged with different charge of APC two month later? Why?

I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor vehicle. This was filed 45 day after my arrest for “PI”. This can’t be legal. Can it?

2 Lawyer Answers
Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list anticipated charges on a complaint and set bonds accordingly so you can gain your release from custody. The investigators will then follow up on the evidence, interview witnesses and otherwise continue the investigation. Once the investigation in completed they will then turn their files over to the district attorneys office or the city prosecutor. They will do an “intake” Where are these licensed attorneys will review the evidence and determine which charges are appropriate for filing. Many times charges listed in the complaint are dropped that you thought might be filed. Sometimes additional or different charges are approved and filed that you might not have anticipated. And Yes it’s entirely legal unfortunately.

1 user found this answer helpful

Andrea Worden
Andrea Worden
Answered
  • Criminal Law Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: Facing criminal charges is stressful and the criminal process is often confusing. Yes, this is legal. When you are arrested or cited, the officer decides what they believe they have probable cause to arrest you for during the incident. Then, the officer turns in his/her police reports to the prosecuting authority and a prosecutor/ attorney decides whether or not to file charges and what charges to file.

Criminal matter filing times are set by statute. Many charges can be filed years after an arrest or citation.

Andrea Worden

Worden & Carbitcher

wordenfirm.com

Tracy Tiernan agrees with this answer

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