Pauls Valley, OK asked in Criminal Law for Oklahoma

Q: I have a question I was on a 20-year suspended sentence just got off of supervised probation hasn't haven't been in any

Violations and my girlfriend was trying to commit suicide by taking my insulin and I tried to get it away from her and I've been charged with a domestic misdemeanor and now I have missed my court date and she was subpoenaed is it true that if she doesn't show up to court that that's possible dismissal because she told them I did not intend on hurting her I was helping her I'm the one that called 911

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Well, your first issue is that you have a warrant for your arrest for missing court. That’s going to need to be handled immediately. You need to contact your bail bondsman to see if they will agree to stay on the bond and get that figured out.

Next, yes it’s not uncommon for the district attorneys office or city prosecutors to dismiss domestic misdemeanor cases, even felony cases, if the victim fails to cooperate. Often times the victim will write an affidavit and deliver it to the District Attorney’s Office, or city prosecutors office, stating they will not adhere to testify or cooperate, but that doesn’t always prevent the prosecution from going forward.

The state of Oklahoma, the city prosecutors, tribal assistant attorney generals, they simply don’t like to dismiss all these cases. So sometimes they get tough and try to keep a case alive by utilizing other evidence (body camera footage of the victim, 911 calls, bullying the victim a bit, and if a minor child was present in the room they will sometimes contact DHS and threaten to remove the child, etc…).

It also sounds like a case where, if there were no prior felony convictions on your record, a jury might acquit you once they hear that your intention was to save her life.

You need to contact a criminal defense attorney, discuss all the facts, and see if you can achieve a favorable result.

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