Jones, OK asked in Constitutional Law and Criminal Law for Oklahoma

Q: If a judge set a criminal charged to be handles at the same time as civil but forgets do I have to agree to go to court

Went to court for animal at larges case filed against me by my neighbor in retaliation for me filing one on her. Before I went to my hearing I struck the plaintiffs trash can with my car moving it about of the way as to park. I got a destruction of property ticket. When I went to court to plea on first case the judge said we'd take care of it all at once. Several days later court clerk called said I needed to come back to court because they had forgotten to deal with the destruction charge. Do I have to comply?

1 Lawyer Answer
David A. Cincotta
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  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Yes. This is not a technicality that you are likely to have much success in arguing. The judge missed it, and no one called or nothing else been done, you might have avoided the mess with dealing with (at least until it was caught). However, it appears they caught the mistake fairly quickly, and if you don't comply with the clerk's request, the judge could issue a warrant for your arrest, revoke your bond (assuming you are on an OR bond - you may not be provided an OR bond again), and all of that could add to the costs in the case that you may end up having to pay.

If you have not already, I strongly urge you to contact an attorney to assist you in dealing with the destruction charge.

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