{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-305.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-305.3","heading":"Termination of deferred prosecution agreement","body":"A. Both the State of Oklahoma and the accused may mutually\n\nterminate the deferred prosecution at any time, and the case shall\n\nproceed as if there had been no agreement. If the State of Oklahoma\n\nmakes the termination decision unilaterally, it shall only do so in\n\nlight of all the relevant circumstances of the case. Arrest of the\n\naccused for a subsequent offense shall not automatically terminate\n\nthe agreement. If the State of Oklahoma should decide to terminate\n\nthe agreement, it shall:\n\n1. Send a written notice of termination to the accused and the\n\nattorney for the accused, if any, explaining the reasons for the\n\ntermination;\n\n2. Disclose to the accused or the attorney for the accused the\n\nevidence supporting the decision to terminate; and\n\n3. Afford the accused the opportunity to be heard and present\n\nevidence, and cross-examine witnesses before a judge of the district\n\ncourt. The accused shall have ten (10) days from the date of\n\nmailing of the notice to file a written request with the court clerk\n\nfor the county in which a charge is pending for the hearing, after\n\nwhich the right to a hearing shall be waived. The burden shall be\n\nupon the State of Oklahoma to prove that the accused did not fulfill\n\nthe conditions of the agreement, and that an information should be\n\nfiled.\n\nB. On and after the effective date of this act, if an agreement\n\nis terminated by the State of Oklahoma for failure of the person to\n\ncomply with the terms of the deferred prosecution agreement, the\n\ntermination document and supporting documentation shall be open to\n\nthe public.\n\nC. If an agreement is terminated by the State of Oklahoma and\n\nthe accused is subsequently tried before a jury, the court shall\n\ninstruct the jury not to consider any delay in prosecution while the\n\naccused was participating in the deferred prosecution program.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"58ec0fc1e7cf71cdd3a8c6247016e024fb36f1313d44045830a46a16d2651e01","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-305.2","next":"us-ok/okla.-stat.-tit.-22-22-305.4"},"notice":"GroundRules: Original legal text. Not legal advice."}