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  1. #1
    Join Date
    Sep 2013
    Posts
    1

    Default How Long Does it Take for a Prosecutor to Authorize a Charge

    My question involves criminal law for the state of: OKLAHOMA


    Here is a short story. My 14 year old daughter was forced to take her clothes off and perform sexual acts to a 19 yr old man over 2 months ago (July). We filed a report with the sheriffs office. They tried to interview him, he refused to cooperate and hired an attorney. I have made several phone calls to the DA's office with no reply, and yet no charges have been filed. She has already completed her forensic interview and such, sheriff states they are just waiting on the attorney to issue a warrant. the attorney this kid hired is a part time judge in the county we filed in and also a family friend to the defendant.
    I need to know what rights do we have and how long should we wait until I pursue other means and why is it taking them so long?

    Any advice would gladly be welcomed.
    Thank you

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: How Long Does it Take for a Prosecutor to Authorize a Charge

    The prosecutor can take as long as needed to gather the evidence needed to obtain a conviction. They are reluctant to prosecute if the only evidence is a "he said / she said" proposition. They need other independent evidence, either physical or testimonial from disinterested parties. If it is clearly provable that sexual activity did occur, there ought to at least be a charge of statutory / 2nd degree rape because of your daughter's age.

    You might hire your own lawyer and sue the 19 year old for battery.

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