Timely Magistrate Appearance Required

Summary

Oklahoma law requires defendants to be presented before a magistrate without unnecessary delay. In this case, the defendant was arraigned six days after arrest, which may be considered a delay. A motion to dismiss can be filed if the delay is deemed unnecessary. Consulting with a local attorney is recommended to ensure proper legal procedures are followed.

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The Defendant was arrested on February *. *. The Defendant was bonded out on February *. on February * had arraignment
It sounds like the defendant was arraigned on February *, which is six days after the arrest. Oklahoma law requires that a defendant be taken before a magistrate without unnecessary delay. If you believe there was an unreasonable delay, you may want to consult with a lawyer to discuss potential legal options.
Would you like to be connected to a local lawyer who can assist further? If so, please provide your name, phone number, and zipcode.
can you create a motion
Understood. Here is a basic template for a Motion to Dismiss based on unnecessary delay in taking the defendant before a magistrate under Oklahoma law:
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IN THE DISTRICT COURT OF [YOUR COUNTY], OKLAHOMA
State of Oklahoma, Plaintiff,
v.
[Defendant's Name], Defendant.
Case No.: [Your Case Number]
MOTION TO DISMISS FOR UNNECESSARY DELAY IN TAKING DEFENDANT BEFORE MAGISTRATE
COMES NOW, the Defendant, [Defendant's Name], by and through his/her attorney, and moves this Court to dismiss the charges against him/her based on the unnecessary delay in taking the Defendant before a magistrate as required by * Okl. St. Ann. § *. In support thereof, the Defendant states as follows:
*. The Defendant was arrested on February *, *.
*. The Defendant was released on bond on February *, *.
*. The Defendant was arraigned on February *, *, six days after the arrest.
*. * Okl. St. Ann. § * requires that a defendant be taken before a magistrate without unnecessary delay.
*. The six-day delay in arraignment constitutes an unnecessary delay in violation of * Okl. St. Ann. § *.
WHEREFORE, the Defendant prays that this Court dismiss the charges against him/her due to the unnecessary delay in taking the Defendant before a magistrate.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
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Make sure to fill in the [bracketed] sections with the appropriate information. It’s advisable to consult with a local attorney to ensure the motion is properly drafted and filed in accordance with Oklahoma laws and court procedures.