Expert: Robin Sexton - 6/5/2008

Question
Robin,I live in Oklahoma and on saturday night my son and his friend were taken into the police dept to answer some questions about a gun that was taken from a home. When they told the officer they had no idea what they were talking about the officer told them that they had 3 witnesses that would verify that they were in the vacinaty of the home but that is not true because i knew where my son was when the crime SUPPOSABLY happened. He was booked under obstrucion, burg 2 and grand larceny he has been there for 5 days and no charges has been filed and won't be arrigned until another 7 days.Their bond is set at a very high amount that no one can come up with the money.I was wondering how long they can be held and what happens when they go for arriagnment and no charges have been filed. will I still have to post bond

Answer
Julie,

These are some very different court procedures then any I have ever heard of.  The fact that your son was in the vicinity of where a theft occurred seems very weak. I certainly hope they have more.  It sounds like they may be working under a grand jury system.  When they are arraigned it would mean charges are filed at that time, a grand jury indictment. I would suggest that you are in need of a consultation with a local attorney familiar and competent to work in the criminal court.  A quick consultation would be a big help in determining what is going on and what can be done.  They may be able to motion the court for a reduction on bond.  Either way it is obvious to me that you need a lot more information then you have.  They can best advise you on the local law and time frames.  Each state has different rules that they work under.  If they go for arraignment and there are no charges then they should be released.

Good luck

Robin