When Is the Prosecutor Allowed to Amend Criminal Charges in Oklahoma?

Описание: When criminal charges are filed, the filing document is called information in Oklahoma. And there is a law that allows that to be amended at certain times, but when is it too late for the prosecutor to amend the charging document that is charged against a defendant? How long do they have to do that? When can they do it? When can't they do it?

And I've got two things we want to talk about. First, we've got the statute, and then we have a relatively new case interpreting that statute. And that kind of gives us an idea of when they can and when they cannot amend. So first, Oklahoma statute, when can the prosecutor amend? That is Title 22, Section 304. And it says information may be amended in a matter of substance or form at any time before the defendant pleads without leave and may be amended after the plea on the order of the court where the same can be done without material prejudice to the right of the defendant. No amendment shall cause any delay of the trial unless good cause is shown by the affidavit.

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