Title 22 — Title 22 — Criminal Procedure

When determining the appropriate charge for a person accused of committing a criminal offense, the district attorney shall have the discretion to file the charge as a misdemeanor offense rather than a felony offense after considering the following factors: 1. The criminal offense…

When the defendant is brought before a magistrate upon an arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the…

of venue. He must also allow to the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the county or city as the defendant may nam…

The magistrate must without a jury, immediately after the appearance of counsel, or if none appear and the defendant require the aid of counsel, after waiting a reasonable time therefor, proceed to examine the case. The defendant may be sworn and testify in his own behalf as in c…

The examination must be completed at one session unless the magistrate for good cause adjourn it. R.L.1910, § 5670.

If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody upon a sufficient bail, or upon the deposit of money as provided in this code, as security for his appearance at the time to which the examination is ad…

The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect: The within named A B, having been brought before me under this warrant, and having failed to give bail for his appearance, is committed to the sheriff …

witnesses. At the examination the magistrate must, in the first place, read to the defendant the complaint on file before him. He must, also, after the commencement of the prosecution, issue subpoenas for any witnesses required by the prosecutor or the defendant. R.L.1910, § 5673…

First: The witnesses must be examined in the presence of the defendant, and may be cross-examined by the defendant. On the request of the district attorney, or the defendant, all the testimony must be reduced to writing in the form of questions and answers and signed by the witne…

When the examination of the witnesses on the part of the state is closed, any witnesses the defendant may produce may be sworn and examined upon proper offer of proof made by defendant and if such offer of proof shows that additional testimony is relevant to the issues of a preli…

The magistrate or his clerk must keep the depositions taken on the examination, if any have been taken, and the statement of the defendant, if any, until they are returned to the proper court, and must not permit them to be inspected by any person except a judge of a court having…

A violation of the provisions of the last section is punishable as a misdemeanor. R.L.1910, § 5677.

After hearing the proofs and the statement of the defendant, if he have one, or his testimony if he testifies if it appear either that a public offense has not been committed, or that a public offense has been committed, but there is not sufficient cause to believe the defendant …

If the defendant on a preliminary examination for a public offense be discharged as provided in the last section and if the magistrate find that the prosecution was malicious and without probable cause, he shall enter such judgment on his docket and tax the costs against the comp…

If, however, it appear from the examination that any public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must in like manner endorse on the complaint an order signed by him to the following effect: It appea…

If the offense be not bailable, the following words or words to the same effect, must be added to the endorsement: And that he is hereby committed to the sheriff of ....... (or to the marshal of the city of ........ , or as the case may be.) R.L.1910, § 5681.

If the offense is bailable, and bail is taken by the magistrate, the following words, or words to the same effect, must be added to the endorsement mentioned in the second preceding section: And I have admitted him to bail, to answer, by the undertaking hereto annexed. R.L.1910, …

If the offense is bailable, and the defendant is admitted to bail, but the bail have not been taken, the following words, or words to the same effect, must be added to such endorsement: And that he is admitted to bail in the sum of ........ Dollars, and be committed to the sherif…

If the magistrate order the defendant to be committed as provided in the three preceding sections, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer, to whom he is committed, or if that officer be not present…

The commitment must be to the following effect: County of ......... The State of Oklahoma. To the sheriff of the county of ......... , (or the marshal of the city of ......... , as the case may be): An order having been this day made by me, that A B be held to answer upon a charg…

On holding the defendant to answer the magistrate may take from each of the material witnesses examined before him on the part of the state, a written undertaking, without surety, to the effect that he will appear and testify at the court to which the complaint and deposition, if…

When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify, unless security be required, he may order the witness to enter into a written undertaking, with such sureties and in such sum as he may deem prop…

If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse compliance with the order for that purpose, the magistrate must commit him to prison until he comply, or is legally discharged. R.L.1910, § 5689.

When, however, any material witness on the part of the people has been discharged on his undertaking, without surety, if afterwards, on the sworn application of the district attorney or other person on behalf of the state, made to the magistrate or to any judge, it satisfactorily…

In case the person so arrested shall neglect or refuse to give said undertaking in the manner required by said magistrate or judge, he may issue a warrant of commitment against such person, which shall be delivered to said sheriff or other officer, whose duty it shall be to conve…

papers and record to court. When a magistrate has discharged a defendant, or has held him to answer, he must return immediately to the clerk of the district court of the county, the warrant, if any, the complaint, the depositions, if any have been taken, of all the witnesses exam…

No part of this code is retroactive unless expressly so declared. R.L.1910, § 5537.

Every felony must be prosecuted by indictment or information in the district or superior court. Misdemeanors must be prosecuted by information, except as otherwise provided by law: Provided, however, that the district court or the judge thereof, may, by order made, direct that an…

An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense. R.L.1910, § 5717.

- Excusing endorsement. A. The district attorney shall subscribe the district attorney’s name to informations filed in the district court and endorse thereon the names and last-known addresses of all the witnesses known to the district attorney at the time of filing the same, if …

An information may be amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea on order of the court where the same can be done without material prejudice to the right of the defendant; no amendment shall cause a…

considered. Before the filing of an information against a person accused of committing a crime, the State of Oklahoma, through its district attorney, may agree with an accused to defer the filing of a criminal information for a period not to exceed three (3) years. The State of O…

A. If an accused qualifies for the deferred prosecution program, the accused and the State of Oklahoma, through the district attorney, may execute an agreement whereby the accused agrees to waive any rights to a speedy accusation, a speedy trial, and any statute of limitations, a…

A. Both the State of Oklahoma and the accused may mutually terminate the deferred prosecution at any time, and the case shall proceed as if there had been no agreement. If the State of Oklahoma makes the termination decision unilaterally, it shall only do so in light of all the r…

If the accused completes the program agreed upon, the State of Oklahoma shall not file the charges against the accused. The records of the accused shall be sealed and not be released or viewed except on a limited basis by law enforcement or prosecution personnel for the purposes …

Admissibility as evidence - Violations - Penalties. A. Information received and collected by any service agency while the accused participates in a deferred prosecution program shall not be released to any agency or individual that will use the information for dissemination to th…

The District Attorneys Council shall assist each district attorney in the development of the deferred prosecution program in their jurisdictions, and shall prepare and promulgate model forms for the use of the various district attorneys of this state. Amended by Laws 1988, c. 109…

A. Beginning November 1, 2021, the District Attorneys Council is hereby authorized to develop and administer a five-year restorative justice pilot program that shall utilize citizen-led mediation panels. The purpose of the program shall be to divert offenders from the traditional…

Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured. 2. By other parties. R.L.1910, § 5556.

A grand jury is a body of men consisting of twelve jurors impaneled and sworn to inquire into and true presentment make of all public offenses against the state committed or triable within the county for which the court is holden. R.L.1910, § 5696.

Every petition for the convening of a grand jury shall contain on the outer page thereof the word "Warning" and underneath this in ten-point type the words, "It is a felony for anyone to sign a petition for the convening of a grand jury with any name other than his own, or knowin…

The state, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual grand juror. R.L.1910, § 5697.

A challenge to the panel may be interposed by either party for one or more of the following causes only: 1. That the requisite number of ballots was not drawn from the jury box of the county or subdivision. 2. That the drawing was not had in the presence of the officers designate…

If a challenge to the panel be allowed, the grand jury must be discharged. R.L.1910, § 5699.

A challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only: 1. That he is a minor. 2. That he is not a qualified elector. 3. That he is otherwise disqualified under any of the provisions of law, in relation to the qual…

Challenges may be oral or in writing, and must be tried by the court. R.L.1910, § 5701.

The court must allow or disallow the challenge and the clerk must enter its decision upon the minutes if demanded. R.L.1910, § 5702.

If a challenge to an individual grand juror is allowed, he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon. R.L.1910, § 5703.

The grand jury must inform the court of a violation of the last section and it is punishable by the court as a contempt. R.L.1910, § 5704.

Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person or his family, or some member thereof. 2. To prevent an illegal attempt, by force, to take or injure property in his lawful possession. R.L.1910,…