{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-403","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-403","heading":"Preliminary hearing","body":"A. Except as otherwise provided by law, if a child is charged\n\nwith a delinquent act as a result of an offense which would be a\n\nfelony if committed by an adult, the court on its own motion or at\n\nthe request of the district attorney shall conduct a preliminary\n\nhearing to determine whether or not there is prosecutive merit to\n\nthe complaint. If the court finds that prosecutive merit exists, it\n\nshall continue the hearing for a sufficient period of time to\n\nconduct an investigation and further hearing to determine if the\n\nchild should be held accountable for acts of the child as if the\n\nchild were an adult if the child should be found to have committed\n\nthe alleged act or omission.\n\nConsideration shall be given to:\n\n1. The seriousness of the alleged offense to the community, and\n\nwhether the alleged offense was committed in an aggressive, violent,\n\npremeditated or willful manner;\n\n2. Whether the offense was against persons or property, greater\n\nweight being given to transferring the accused person to the adult\n\ncriminal justice system for offenses against persons and, if\n\npersonal injury resulted, the degree of personal injury;\n\n3. The sophistication and maturity of the juvenile and\n\ncapability of the juvenile of distinguishing right from wrong as\n\ndetermined by consideration of a psychological evaluation of the\n\njuvenile, home, environmental situation, emotional attitude and\n\npattern of living;\n\n4. The record and previous history of the accused person,\n\nincluding previous contacts with community agencies, law enforcement\n\nagencies, schools, juvenile or criminal courts and other\n\njurisdictions, prior periods of probation or prior commitments to\n\njuvenile institutions;\n\n5. The prospects for adequate protection of the public;\n\n6. The likelihood of reasonable rehabilitation of the juvenile\n\nif the juvenile is found to have committed the alleged offense, by\n\nthe use of procedures and facilities currently available to the\n\njuvenile court; and\n\n7. Whether the offense occurred while the juvenile was escaping\n\nor in an escape status from an institution for delinquent children.\n\nAfter the investigation and hearing, the court may in its\n\ndiscretion proceed with the juvenile proceeding, or it shall state\n\nits reasons in writing and shall certify, based on clear and\n\nconvincing evidence, that the child shall be held accountable for\n\nacts of the child as if the child were an adult and shall be held\n\nfor proper criminal proceedings for the specific offense charged, by\n\nany other division of the court which would have trial jurisdiction\n\nof the offense if committed by an adult. The juvenile proceeding\n\nshall not be dismissed until the criminal proceeding has commenced\n\nand if no criminal proceeding commences within thirty (30) days of\n\nthe date of the certification, unless stayed pending appeal, the\n\ncourt shall proceed with the juvenile proceeding and the\n\ncertification shall lapse.\n\nIf not included in the original summons, notice of a hearing to\n\nconsider whether a child should be certified for trial as an adult\n\nshall be given to all persons who are required to be served with a\n\nsummons at the commencement of a juvenile proceeding, but\n\npublication in a newspaper when the address of a person is unknown\n\nis not required. The purpose of the hearing shall be clearly stated\n\nin the notice.\n\nB. Prior to the entry of any order of certification, any child\n\nin custody shall have the same right to be released upon bail as\n\nwould an adult under the same circumstances. Subsequent to the\n\nentry of an order that a child stand trial as an adult, the child\n\nshall have all the statutory and constitutional rights and\n\nprotections of an adult accused of a crime. Upon conviction, the\n\njuvenile may be incarcerated in an adult jail, adult lockup, adult\n\ndetention facility or other adult facility if that facility is\npon bail as\n\nwould an adult under the same circumstances. Subsequent to the\n\nentry of an order that a child stand trial as an adult, the child\n\nshall have all the statutory and constitutional rights and\n\nprotections of an adult accused of a crime. Upon conviction, the\n\njuvenile may be incarcerated in an adult jail, adult lockup, adult\n\ndetention facility or other adult facility if that facility is\n\nlicensed by the State Department of Health to detain children under\n\neighteen (18) years of age while the person is awaiting housing by\n\nthe Department of Corrections. If, prior to the entry of any order\n\nof certification, the child becomes eighteen (18) years of age, the\n\nchild may be detained in a county jail or released on bail. If a\n\nchild is certified to stand trial as an adult, the court shall make\n\nevery effort to avoid duplication of the adult preliminary hearing\n\nand the prosecutorial hearing in the juvenile certification process.\n\nThe parties may jointly stipulate to the court that the record for\n\nthe prosecutorial merit hearing in the juvenile proceeding be used\n\nfor all or part of the preliminary hearing.\n\nC. Any child who has been certified to stand trial as an adult\n\npursuant to any order entered by any competent court of this state\n\nor any other state shall be tried as an adult in all subsequent\n\ncriminal prosecutions, and shall not be subject to the jurisdiction\n\nof the juvenile court or be eligible to be tried as a youthful\n\noffender in any further proceedings.\n\nD. An order either certifying a person as a child or an adult\n\npursuant to subsection A of this section or denying such\n\ncertification shall be a final order, appealable when entered and\n\nshall not be modified.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"be086ac1477759385306a5c4d83c80256c6b97930ebe34e256fe8e03aa99b22c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-402","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-404"},"notice":"GroundRules: Original legal text. Not legal advice."}