Oklahoma § 22-1145.6 - Procedures, rules and regulations

§ 22-1145.6. Procedures, rules and regulations

A. A defendant arrested or held in a state or district other

than that in which the indictment or information is pending against

him may state in writing that he wishes to plead guilty, to waive

trial in the district in which the indictment or information is

pending and to consent to disposition of the case in the

jurisdiction or district in which he was arrested or is held,

subject to the approval of the prosecuting attorney for each

jurisdiction. Upon receipt of the defendant's statement and of the

written approval of the prosecuting attorneys, the clerk of the

court in which the indictment or information is pending shall

transmit the papers in the proceeding or certified copies thereof to

the clerk of the court for the jurisdiction in which the defendant

is held and the prosecution shall continue in that jurisdiction.

B. A defendant arrested on a warrant issued upon a complaint in

a jurisdiction other than the county, parish or district of arrest

may state in writing that he wishes to plead guilty to waive trial

in the jurisdiction in which the warrant was issued and to consent

to disposition of the case in the jurisdiction in which he was

arrested, subject to the approval of the prosecuting attorney for

each jurisdiction. Upon receipt of the defendant's statement and of

the written approval of the prosecuting attorneys, the court of

limited jurisdiction shall certify and transmit the records in the

case to the court of general jurisdiction, and, upon the filing of

an information or the return of an indictment, the clerk of the

Oklahoma Statutes - Title 22. Criminal Procedure

court for the jurisdiction or district in which the warrant was

issued shall transmit the papers in the proceeding or certified

copies thereof to the clerk of the court for the jurisdiction or

district in which the defendant was arrested and the prosecution

shall continue in that jurisdiction or district. When the defendant

is brought before the court to plead to an information filed in the

jurisdiction or district where the warrant was issued, he may at

that time waive indictment and the prosecution may continue based

upon the information originally filed.

C. A juvenile who is arrested or held in a jurisdiction or

district other than that in which he is alleged to have committed an

act in violation of a law of a state or of the United States not

punishable by death or life imprisonment may, after he has been

advised by counsel and with the approval of the court and the

prosecuting attorney, consent to be proceeded against as a juvenile

delinquent in the jurisdiction or district in which he is arrested

or held. The consent shall be given in writing before the court but

only after the court has apprised the juvenile of his rights,

including the right to be returned to the jurisdiction or district

in which he is alleged to have committed the act, and of the

consequences of such consent.

D. For the purpose of initiating a transfer under this rule a

person who appears in response to a summons shall be treated as if

he had been arrested on a warrant in the jurisdiction or district of

such appearance.

Laws 1972, c. 222, § 6, eff. Jan. 1, 1973.