Title 22 — Title 22 — Criminal Procedure

If the applicant is unable to pay court costs and expenses of representation, he shall include an affidavit to that effect with the application, which shall then be filed without costs. Counsel necessary in representation shall be made available to the applicant after filing the …

A. Within thirty (30) days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. When an applicant asserts a claim of ineffective assistance of counsel, the state …

law. If the application cannot be disposed of on the pleadings and record, or there exists a material issue of fact, the court shall conduct an evidentiary hearing at which time a record shall be made and preserved. The court may receive proof by affidavits, depositions, oral tes…

If the court finds in favor of the applicant, it shall vacate and set aside the judgment and sentence and discharge or resentence him, or grant a new trial, or correct or modify the judgment and sentence as may appear appropriate. The court shall enter any supplementary orders as…

All grounds for relief available to an applicant under the Post- Conviction Procedure Act, including claims challenging the jurisdiction of the trial court, must be raised in his or her original, supplemental or amended application. Any ground finally adjudicated or not so raised…

A final judgment entered under this act may be appealed to the Court of Criminal Appeals on petition in error filed either by the applicant or the state within thirty (30) days from the entry of the judgment. Upon motion of either party on filing of notice of intent to appeal, wi…

This act may be cited as the "Post-Conviction Procedure Act". Laws 1970, c. 220, § 9.

inquiry - Sanctions. A. By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, written motion or other papers regarding an application for post-conviction relief an attorney or unrepresented party is certifying that to the best of the…

appeal. A. The application for post-conviction relief of a defendant who is under the sentence of death in one or more counts and whose death sentence has been affirmed or is being reviewed by the Court of Criminal Appeals in accordance with the provisions of Section 701.13 of Ti…

The State of Oklahoma, by and through the district attorney or Attorney General, shall have the right to appeal an adverse ruling or order of a magistrate sustaining a motion to suppress evidence, quashing an information, sustaining a plea to the jurisdiction of the court, failin…

A. If in open court at the time the adverse ruling or order is made by the magistrate, the state shall give notice of its intention to appeal the decision. The magistrate shall then enter the notice in the proper court docket, continue the preliminary hearing and retain the accus…

In the event the state does not file the application to appeal as provided in Section 2 of this act, the state shall have waived any right to appeal from the magistrate's adverse decision. The magistrate's order shall then be final. Added by Laws 1987, c. 162, § 3, emerg. eff. Ju…

The judge assigned the state's application to appeal shall review all relevant portions of the record of the case before the magistrate, including, but not limited to, partial or complete transcripts of the preliminary hearing; affidavits for a search warrant; search warrants; el…

favorable to state. In the event that the state appeals the ruling of the preliminary hearing magistrate ordering a defendant discharged based upon a finding of insufficiency of the evidence to establish that a felony has been committed or insufficiency of the evidence to show th…

In the event the assigned judge finds, based upon the record developed before the magistrate, that the magistrate's ruling or order was in error, the assigned judge shall enter an order finding that the ruling or order entered by the magistrate was erroneous and shall remand the …

In the event the state's application to appeal is denied and the assigned judge affirms the magistrate's ruling or order, that ruling or order shall be appealable to the Court of Criminal Appeals. During the pendency of any such appeal, the assigned judge shall admit the defendan…

This act shall be known and may be cited as the “Oklahoma Survivors’ Act”. Added by Laws 2024, c. 331, § 1.

As used in this act: 1. “Domestic violence” means any act of physical harm or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor, or minor child who is…

survivor — Mitigating factor — Departure. A. During a hearing to: 1. Sentence a person; or 2. Accept a plea of guilty, for a person who is a survivor of domestic violence and has been charged with a crime, the court shall consider as a mitigating factor that the person has been a…

sentence. Where a court has imposed a criminal judgment and sentence upon a defendant other than for an offense described in subsection E of Section 3 of this act and the defendant is serving the sentence in the custody of the Department of Corrections, the court shall impose a n…

A. Any person who is: 1. Confined in an institution under the custody and control of the Department of Corrections; 2. Serving a sentence for an offense committed prior to the effective date of this act; and 3. Eligible for an alternative sentence pursuant to the provisions of Se…

This act may be cited as the “Interstate Compact for Adult Offender Supervision”. Added by Laws 2000, c. 281, § 1, eff. July 1, 2000.

It is hereby found and declared that: 1. The Interstate Compact for the Supervision of Parolees and Probationers, established in 1937, was the earliest corrections compact established among the states and has not been amended since its adoption over sixty-two (62) years ago; 2. T…

The Governor is hereby authorized and directed to execute a compact on behalf of this State with any other state or states legally joining therein in the form, substantially as follows: INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION ARTICLE I. FINDINGS AND PURPOSES A. The Comp…

Supervision. A. There is hereby created the Oklahoma State Council for Interstate Adult Offender Supervision in accordance with Article IV of the Interstate Compact for Adult Offender Supervision. The State Council shall consist of the compact administrator who shall be a nonvoti…

Upon the effectiveness of the Interstate Compact for Interstate Adult Offender Supervision through adoption by thirty-five states, the Council shall employ a compact administrator to oversee the organization and activities of the Council and to administer this state’s participati…

A criminal action is prosecuted in the name of the State of Oklahoma as a party, against the person charged with the offense. R.L.1910, § 5545.

A. Except as otherwise provided by law, bail, by sufficient sureties, shall be admitted upon all arrests in criminal cases where the offense is not punishable by death and in such cases it may be taken by any of the persons or courts authorized by law to arrest, to imprison offen…

Bail, by sufficient sureties, may be admitted upon all arrests for violations of Sections 1028, 1029, 1030, or 1081 of Title 21 of the Oklahoma Statutes and shall be in an amount of not less than Fifteen Thousand Dollars ($15,000.00). Bail on personal recognizance bond for such o…

Bail, by sufficient sureties, may be admitted upon all arrests in criminal cases where the punishment may be death, unless the proof is evident or the presumption great; and in such cases it shall be taken only by the Criminal Court of Appeals or a district or superior court, or …

The qualifications of bail are the same as those in civil cases, and the sureties must in all cases justify by affidavits taken before the magistrate, court or judge, or before the clerk of the district or superior court or his deputy, that they each possess those qualifications.…

A. Except as otherwise provided by this section, upon the allowance of bail and the execution of the requisite recognizance, bond, or undertaking to the state, the magistrate, judge, or court shall, if the defendant is in custody, make and sign an order for discharge. The court, …

This act shall be known and may be cited as the “Pretrial Release Act”. Added by Laws 2002, c. 125, § 1, eff. July 1, 2002.

Electronic monitoring. A. Following an arrest for a misdemeanor or felony offense and before formal charges have been filed or an indictment made, the arrested person may have bail set by the court as provided in this act; provided there are no provisions of law to the contrary. …

Persons eligible - Minimum criteria. A. Any county pursuant to the provisions of the Pretrial Release Act may establish and fund a pretrial program to be utilized by the district court in that jurisdiction. B. When a pretrial release program is established pursuant to the Pretria…

A deposit of the sum of money mentioned in the order admitting to bail is equivalent to bail and upon such deposit the defendant must be discharged from custody. R.L.1910, § 6108.

exoneration of bail. Any party charged with a criminal offense and admitted to bail may be arrested by his bail at any time before they are finally discharged, and at any place within the state; or by a written authority indorsed on a certified copy of the recognizance, bond or u…

If the defendant neglects to appear according to the terms or conditions of the recognizance, bond or undertaking, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court or before the magistrate may be lawfully required, or to su…

Forfeiture action and collection of forfeiture. A. Own recognizance bonds set in a penal amount shall be posted by executing an own recognizance indenture contract which shall be executed and maintained by the district court clerk. The indenture shall constitute an inchoate oblig…

2005.

When proof is made to any court, judge or other magistrate having authority to commit on criminal charges, that a person previously admitted to bail on any such charge is about to abscond, or that his bail is insufficient, or has removed from the state, the judge or magistrate sh…

Each district attorney shall create within his office a Bogus Check Restitution Program and assign sufficient staff and resources for the efficient operation of said program. Added by Laws 1982, c. 93, § 1, operative Oct. 1, 1982.

Whoever, having been admitted to bail or released on recognizance, bond, or undertaking for appearance before any magistrate or court of the State of Oklahoma, incurs a forfeiture of the bail or violates such undertaking or recognizance and willfully fails to surrender himself wi…

Conservation Code or other bail laws - Deposit of operator’s license in lieu of bail. A. Any person arrested by a law enforcement officer for any violation of any statute relating to water safety or for any misdemeanor violation of the Oklahoma Wildlife Conservation Code, in addi…

The court clerk shall return an operator's license deposited in lieu of cash bail, as provided by Section 1111 of this title, to the defendant upon the following: (a) acceptance of the defendant's personal check for cash bail and collection of funds; (b) appearance to answer the …

The arresting officer shall indicate on the citation the date of the arraignment, and the defendant shall appear in person or by counsel at the stated time and place for arraignment. If the defendant fails to appear in court in person or by counsel for arraignment on the charge a…

1990.

The person so charged who elects to plead guilty may indicate his plea of guilty on the ticket or warrant; and said bond deposit shall be used for payment of fine and costs, which fine and costs shall not exceed the amount of bond. Laws 1968, c. 115, § 3; Laws 1970, c. 64, § 2, e…

and abstract of court record - Citation as information. A. Upon issuing a traffic citation required to be filed in district court, the arresting officer or the law enforcement agency employing the arresting officer shall deliver or forward the “Complaint Information” and “Abstrac…

Abstract of Court Record. A. Upon issuing a citation other than a traffic citation as provided for in Section 1114.3 of this title, that is required to be filed in district court, the arresting Highway Patrol officer or the Department of Public Safety shall deliver or forward the…