Oklahoma § 22-305.3 - Termination of deferred prosecution agreement
Full text of Oklahoma Oklahoma Statutes § 22-305.3 — Termination of deferred prosecution agreement, with citation guidance and answers to common questions.
§ 22-305.3. Termination of deferred prosecution agreement
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 relevant circumstances of the case. Arrest of the
accused for a subsequent offense shall not automatically terminate
the agreement. If the State of Oklahoma should decide to terminate
the agreement, it shall:
1. Send a written notice of termination to the accused and the
attorney for the accused, if any, explaining the reasons for the
termination;
2. Disclose to the accused or the attorney for the accused the
evidence supporting the decision to terminate; and
3. Afford the accused the opportunity to be heard and present
evidence, and cross-examine witnesses before a judge of the district
court. The accused shall have ten (10) days from the date of
mailing of the notice to file a written request with the court clerk
for the county in which a charge is pending for the hearing, after
which the right to a hearing shall be waived. The burden shall be
upon the State of Oklahoma to prove that the accused did not fulfill
the conditions of the agreement, and that an information should be
filed.
B. On and after the effective date of this act, if an agreement
is terminated by the State of Oklahoma for failure of the person to
comply with the terms of the deferred prosecution agreement, the
termination document and supporting documentation shall be open to
the public.
C. If an agreement is terminated by the State of Oklahoma and
the accused is subsequently tried before a jury, the court shall
instruct the jury not to consider any delay in prosecution while the
accused was participating in the deferred prosecution program.
Added by Laws 1979, c. 226, § 3, eff. Oct. 1, 1979. Amended by Laws
2000, c. 278, § 2, eff. July 1, 2000.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 22-305.3
What does Oklahoma Statutes § 22-305.3 cover?
Section 22-305.3 ("Termination of deferred prosecution agreement") 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 § 22-305.3?
A common citation format is "Oklahoma Statutes § 22-305.3" (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 § 22-305.3 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.