by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a public offense, except as provided in the last section. R.L.1910, § 6100.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
A. The court may either of its own motion or upon the application of the district attorney, upon the furtherance of justice, order an action or indictment to be dismissed; but in that case the reasons of the dismissal must be set forth in the order, which must be...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If the court direct the action to be dismissed, the defendant must, if in custody, be discharged therefrom, or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him. R.L.1910, § 6098.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
A. Whenever the court finds that a case should be reviewed to determine if the right of an accused to a speedy trial is being protected, the court shall:1. Issue notice to the District Attorney, the accused, and the attorney for the accused that the case will be...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
A. If any person charged with a crime and held in jail solely by reason thereof is not brought to trial within one (1) year after arrest, the court shall set the case for immediate review as provided in Section 2 of this act, to determine if the right of the accused...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
Depositions taken under a commission may be read in evidence by either party on the trial upon it being shown that the witness is unable to attend from any cause whatever, and the same objections may be taken to a question in the interrogatories, or to the answers in...
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