Title 22 — Title 22 — Criminal Procedure

information - Counts. Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be char…

All laws in this chapter wherein the singular of words is used are hereby amended to include the plural of such words to give effect to the purpose of this act. Laws 1968, c. 311, § 2.

The court may order two or more indictments or informations or both to be tried together if the offenses and the defendants, if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution was under su…

If it appears that a defendant or the state is prejudiced by joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court shall order an election or separate trial of counts, grant a severance of defendants, or provide what…

Unless it appear that there is just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged. R.L.1910, § 5564.

All laws or parts of laws in conflict herewith are hereby repealed. Laws 1968, c. 311, § 5.

The grand jury of each county in the state is hereby empowered and authorized to investigate all felonies and misdemeanors committed in their respective jurisdictions; and upon the filing of an indictment in the district court, which charges an offense over which such court has n…

It shall be the duty of the clerk of the district court, without delay, to deliver the indictment in all cases transferred, together with all the papers relating to each case, to the proper court or justice of the peace, as directed in the order of transfer; and he shall accompan…

All cases transferred from the district court shall be entered on the docket of the court to which they are transferred, and all process thereon shall be issued, and the defendant tried in the same manner as if the cause had originated in the court to which they have been transfe…

When a cause has been improperly transferred to a court which has no jurisdiction of the same, the court to which it has been transferred shall order it to be retransferred to the proper court, and the same proceedings shall be had as in the case of original transfer. In such cas…

In all criminal cases pending in any county where the venue properly lies in another county, the court may, upon motion of the county attorney, or upon its own motion, transfer such cause to the county of proper venue; such transfer, in all respects, shall be made in the manner p…

If, however, there be just reason to fear the commission of the offense the person complained of may be required to enter into an undertaking in such sum, not exceeding One Thousand Dollars ($1,000.00), as the magistrate may direct, with one or more sufficient sureties, to abide …

When the indictment or information is filed, the defendant must be arraigned thereon before the court in which it is filed, if triable therein; if not, before the court to which it is removed or transmitted. If the defendant’s physical presence is not possible because the defenda…

If the indictment or information is for a felony the defendant must be present, either in person or by videoconference, but if for a misdemeanor only, the personal appearance is unnecessary, and the defendant may appear upon the arraignment by counsel. R.L.1910, § 5761. Amended b…

When his personal appearance is necessary, if he be in custody, the court may direct the officer in whose custody he is to bring him R.L.1910, § 5762.

If the defendant has been discharged on bail, or have deposited money instead thereof, and does not appear to be arraigned, when his personal attendance is necessary, the court in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the cler…

The clerk, on the application of the district attorney, may, accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant in one or more counties. R.L.1910, § 5764.

The bench warrant must, if the offense is a felony, be substantially in the following form: County of.......... State of Oklahoma, To any sheriff, constable, policeman or marshal in this state: An indictment having been found (or information filed) on the ......... day of .......…

For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amoun…

If the offense is a misdemeanor or a bailable felony, the bench warrant must be in a similar form, adding to the body thereof a direction to the following effect: Or if he requires it that you take him before any magistrate in that county or in county in which you arrest him, tha…

If the offense charged is bailable the court, upon directing the bench warrant to issue, must fix the amount of bail and an endorsement must be made on the bench warrant and signed by the clerk, to the following effect: The defendant is to be admitted to bail in the sum of ......…

The defendant, when arrested under a warrant for an offense not bailable, shall be held in custody by the sheriff of the county in which the indictment or information is filed. If the sheriff has contracted for the custody of prisoners in the county, such contractor shall be requ…

If the undertaking required by the last section be given the party complained of must be discharged. If he do not give it the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same. R…

The bench warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need not be endorsed by a magistrate of that county. R.L.1910, § 5769.

A. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto, in the same manner as if the defendant had been brought before the magistrate upon a warrant of arrest, and the same proceedings ma…

information. When the indictment or information is for a felony, and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment or information is presented, or sent or removed for trial, may order the defen…

If the defendant is present when the order is made he must be forthwith committed accordingly. If he is not present, a bench warrant must be issued and proceeded upon in the manner provided in this chapter. R.L.1910, § 5772.

22 O.S. § 464 Repealed by Laws 1991, c. 238, § 37, eff. July 1, 1991

The arraignment must be made by the court, or by the clerk or district attorney, under its direction, and consists in reading the indictment or information to the defendant, and asking him whether he pleads guilty or not guilty thereto. R.L.1910, § 5774.

When the defendant is arraigned he must be informed that if the name by which he is prosecuted be not his true name, he must then declare his true name or be proceeded against by the name in the indictment or information. R.L.1910, § 5775.

If he gives no other name, the court may proceed accordingly. R.L.1910, § 5776.

If he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the indictment or information may be had against him by that name, referring also to the name by which he is indicted or i…

examination. It shall not be necessary to file an information after the preliminary examination where the complaint or preliminary information satisfies the requirements for an information. Laws 1968, c. 175, § 3, eff. Jan. 13, 1969.

If the person complained of be committed for not giving security he may be discharged by any justice of the peace of the county, or police or special justice of the city, upon giving the same. R.L.1910, § 5567.

The arraignment of the defendant shall be held within thirty (30) days after the defendant is ordered held for trial upon a preliminary information charging the commission of a felony; provided, for good cause, the court may set a later date. Laws 1968, c. 175, § 4, eff. Jan. 13,…

Sections 1 through 12 of this act shall be known and may be cited as the "Oklahoma Drug Court Act". Added by Laws 1997, c. 359, § 1, eff. July 1, 1997.

A. For purposes of the Oklahoma Drug Court Act, "drug court", "drug court program" or "program" means an immediate and highly structured judicial intervention process for substance abuse treatment of eligible offenders which expedites the criminal case and requires successful com…

All participating agencies shall promulgate rules as necessary to comply with the provisions of Section 471 et seq. of this title. Added by Laws 1997, c. 359, § 11, eff. July 1, 1997. Amended by Laws 2001, c. 33, § 21, eff. July 1, 2001; Laws 2022, c. 277, § 7.

A. Nothing in this act shall preclude the establishment of substance abuse treatment programs in support of a deferred prosecution program authorized by Section 305.1 of Title 22 of the Oklahoma Statutes. Any such programs established after July 1, 1997, or in existence on July 1…

A. The opportunity for review of an offender for a drug court program shall occur at any time prior to disposition of the case and sentencing of the offender including sentencing on a petition to revoke a suspended sentence or any probation violation. B. When a drug court is esta…

A. At the initial hearing for consideration of an offender for a drug court program, the district attorney shall determine whether: 1. The offender has approval to be considered for the drug court program; and 2. Any statutory preclusion, other prohibition, or program limitation …

A. Each drug court team shall develop agreed-upon, objective eligibility criteria to determine presumptive drug court eligibility for offenders. The objective criteria shall be in writing and communicated to potential referral sources including but not limited to judges, law enfo…

A. 1. Any statement, or any information procured therefrom, made by the offender to any supervising staff, which is made during the course of any drug court investigation conducted by the supervising staff pursuant to Section 5 of this act, and any report of the supervising staff…

Duration of participation - Costs and fees - Driving privileges. A. The drug court judge shall conduct a hearing as required by subsection F of Section 471.4 of this title to determine final eligibility by considering: 1. Whether the offender voluntarily consents to the program r…

A. The designated drug court judge shall make all judicial decisions concerning any case assigned to the drug court docket or program. The judge shall require progress reports and a periodic review of each offender during his or her period of participation in the drug court progr…

The drug court program may be utilized as a disciplinary sanction for a violation of a condition of parole related to substance abuse for eligible offenses, or in a case where the offender has been tried for an eligible offense in the traditional manner, given either a deferred o…

A. When an offender has successfully completed the drug court program, the criminal case against the offender shall be: 1. Dismissed or the sentence deferred for a period not to exceed two (2) years if the offense was a first felony offense; or 2. If the offender has a prior felo…

A. This section shall be known and may be cited as the “Anna McBride Act”. B. Any district or municipal court of this state may establish a mental health court program pursuant to the provisions of this section, subject to the availability of funds. C. The court may request assis…

The undertaking must be transmitted by the magistrate to the next district court of the county. R.L.1910, § 5568.

A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as provided in Section…