These bills affected several Youthful Offender statutes. Changes included representation of a youthful offender, youthful offender preliminary hearing, the length of time a youthful offender could be under the custody of the Office of Juvenile Affairs, and the deferral of delinquency proceedings. They went into effect on November 1, 2018. Representation of a Youthful … [Read more...] about Juveniles & Youthful Offenders – 2018 Oklahoma Laws #16
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Immunity For Reporting Drug Overdose – 2018 Oklahoma Laws #15
This new law provides immunity from prosecution for drug-related offenses under certain circumstances. It applies to situations that arise from someone seeking medical attention after a drug overdose. A law enforcement officer may not arrest someone based solely on the commission of an offense involving a controlled dangerous substance described in subsection B of this … [Read more...] about Immunity For Reporting Drug Overdose – 2018 Oklahoma Laws #15
DUI Law Changes – 2018 Oklahoma Laws #14
For a very brief time, our DUI statute gave prosecutors the discretion to not use a prior DUI to enhance the punishment on a subsequent DUI. The discretion in this statute was removed when HB 2643 went into effect on April 23, 2018. This discretion was in our DUI law from November 1, 2016-April 23, 2018. Enhancements possible under our DUI law: Second DUI is a felony … [Read more...] about DUI Law Changes – 2018 Oklahoma Laws #14
Easier To Get A Public Defender – 2018 Oklahoma Laws #13
This law removes the posting of a bond as a rebuttable presumption that the defendant is not indigent. Now, if a defendant is admitted to bail and the defendant, or another person on behalf of the defendant, posts a bond (other than by personal recognizance) the court may consider that in determining whether the defendant is eligible for a public defender/OIDS appointed … [Read more...] about Easier To Get A Public Defender – 2018 Oklahoma Laws #13
Sentencing Reform – 2018 Oklahoma Laws #12
Big changes in sentencing in Oklahoma regarding: sentence modification, payment plans, mandatory minimums, community sentencing, domestic violence, suspended sentences, and deferred sentences. SB 689 was part of a package of criminal justice reform bills aimed at reducing the prison population and easing the burden on defendants. It went into effect November 1, … [Read more...] about Sentencing Reform – 2018 Oklahoma Laws #12