Oklahoma § 22-305.1 - Deferred prosecution programs - Guidelines - Factors

Full text of Oklahoma Oklahoma Statutes § 22-305.1 — Deferred prosecution programs - Guidelines - Factors, with citation guidance and answers to common questions.

§ 22-305.1. Deferred prosecution programs - Guidelines - Factors

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 Oklahoma may include any person in a deferred

prosecution program if it is in the best interests of the accused

and not contrary to the public interest. Each district attorney

shall adopt and promulgate guidelines which shall indicate what

factors shall be considered in including an accused in the deferred

prosecution program. The guidelines shall insure that the State of

Oklahoma considers in each case at least the following factors:

1. Whether the State of Oklahoma has sufficient evidence to

achieve conviction;

2. The nature of the offense with priority given to first

offenders and nonviolent crimes;

3. Any special characteristics of the accused;

4. Whether the accused will cooperate and benefit from a

deferred prosecution program;

5. Whether available programs are appropriate to the accused

person's needs;

6. Whether the services for the accused are more readily

available from the community or from the corrections system;

7. Whether the accused constitutes a substantial danger to

others;

8. The impact of the deferred prosecution on the community;

9. The recommendations of the law enforcement agency involved

in the case;

10. The opinions of the victim; and

Oklahoma Statutes - Title 22. Criminal Procedure

11. Any mitigating or aggravating circumstances.

Laws 1979, c. 226, § 1, eff. Oct. 1, 1979; Laws 2007, c. 358, § 5,

eff. July 1, 2007.

Frequently Asked Questions About Oklahoma § 22-305.1

What does Oklahoma Statutes § 22-305.1 cover?

Section 22-305.1 ("Deferred prosecution programs - Guidelines - Factors") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 22-305.1?

A common citation format is "Oklahoma Statutes § 22-305.1" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 22-305.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.