You are not a member of this wiki.
Pages and Files
Drug Court (Tulsa County)
Tulsa County Drug Court
. The Oklahoma Drug Court Act at
Okla. Stat. tit. 22, § 471 (1997)
Application to Drug Court
Drug Court Applications can be found with the criminal forms on the third floor. Client should fill out and sign the form prior to having a preliminary hearing. Then one will need to obtain the next available Drug Court date from the Drug Court Clerk. Lastly, one must have a Judge sign off on the application and return the completed form to the Drug Court Clerk.
. To qualify for Tulsa County Drug Court a Defendant:
Must reside in Tulsa County;
Have a pending nonviolent felony charge (
Okla. Stat. tit. 22, § 471.2(A)(1) (1997)
Arrest/change must not involve trafficking (
Okla. Stat. tit. 22, § 471.2(A)(3) (1997
Must be facing jail time (prison bound) (DOC Recommendation from the DA or a P.S.I. with arguments that it will lead to in time); and
Have no history of violent crimes (
Okla. Stat. tit. 22, § 471.2(A)(2) (1997)
First Drug Court Appearance
At the first court appearance the Assistant District Attorney should advise the court on whether the DA is objecting to the Defendant's admittance. A DA objection is pretty much determinative with the Court, but Defense attorneys can make arguments.
If the Defendant is denied at this stage, he or she proceeds to preliminary hearing or District Court Arraignment, depending on where they left off in the traditional court system.
Otherwise, the Defendant is ordered to speak with a representative who performs evaluations (Mr. Stewart) and schedule an evaluation. The Defendant will be required to pay the $175.00 evaluation fee up front. The Defendant will be given a second court date at which point the evaluation should be completed.
Second Drug Court Appearance
At the second court appearance the evaluator should have a recommendation on whether to admit the Defendant to the program. If the Defendant is admitted, he or she shall return the following day for Drug Court Orientation, which is usually from 1:00 p.m. through 2:45 p.m. Then at 3:00 p.m. the Defendant should plead into Drug Court.
Drug Court Orientation
Orientation is usually scheduled at 1:00 p.m. the day following the second court appearance. Usually last through 2:45 p.m. The Defendant then usually pleas into the Drug Court at 3:00 p.m. If for some reason the defendant does not plea into the drug court within a week after orientation, the Court may require the Defendant to complete orientation again prior to pleading in to Drug Court.
Pleading into Drug Court
Pick up a Drug Court Plea packet from the Drug Court Clerk. It should include:
Waiver of Trial, Preliminary Hearing, and Speedy Trial;
Lumpkin (Findings of Fact - Acceptance of Plea);
Drug Court Rules and Conditions of Probation;
Tulsa County Drug Court Participant Information;
Phase I - Responsabilities;
Tulsa County DUI/Drug Court Performance Contract; and
Record of Plea (If there are any application to revoke or accelerate that are being pleaded). Mark out the "plea" part and put "confess." The mark out the crime and enter, "application to revoke," or accelerate.
Pick up the “
,” recommendation of the District Attorney from the particular Drug Court ADA, which articulates sentence for a successful completion and the sentence if Drug Court is not successfully completed. Where one is to write the Plea Bargain in the Lumpkin form, simply state, "See Exhibit A."
Judge may the require the following forms based on recommendations of the Court:
Rule 8 (Filled out by the Court);
Sobrietor Form; and
To Do List for Defendant (Provided by the Court).
Once the plea is entered, Defendant will have to:
Perform the first drug testing within a given amount of time;
Appear at 440 S. Houston, 7th Floor, for probation;
Enroll with Family & Children Services; and
Sign up for the Sobrietor in Room 3b, if Ordered by the Court.
Once the Defendant is pleaded in to Drug Court he will be given his next court date, generally within a week and a final sentencing court date which is deferred three (3) years. Defense counsel need not appear for any further court dates until final sentencing.
The Sobrietor is a home breathalyzer test which hooks into the defendant's home telephone line. The installation and scheduled testing using one will be a prerequisite to admittance into Drug Court for some Defendants.
Defendant will be required to have a
telephone service. The line cannot have special services such as caller ID, as they interferre with the Sobrietor's telephonic reporting.
The Defendant will be required to pay $5.00 per day for the service, but can elect to perform eight (8) hours of community service per week instead. If Defendant elects community service the Court will fill out a Form 8 therefor.
The Court Service Officer will gather information from Defendant regarding work schedules and other engagements and create a mandatory schedule of times when the Defendant must blow into the Sobrietor.
Court Service Officer is located in Room 3b of the Tulsa County District Court.
The Court Service Officer will also administer the community service if the Defendant elects that instead of the $5.00 fee.
The Defendant will have to complete drug screening often and will need a valid identification in order to do this. If the Defendant's license has been suspended and taken, the Drug Court Clerk can print their booking photograph and information, which will suffice for drug testing purposes.
When a defendant has completed the Tulsa County Drug Court program they are given a graduation court date (usually at 8:30 a.m.), at which their attorney must appear. The ADA will recommend that the Defendant be sentenced pursuant to Part A of the recommendation, which is the favorable recommendation based on successful completion.
. A Defendant (or his or her attorney) will need to complete the following forms for graduation:
Truth in Sentencing
After the Court completes the sentencing the Court will commend the Defendant on successful completion advise regarding drivers' license issues which could be relevant due to the conviction. Sometimes the court will require 6 months of an interlock device after the Defendant has their license reinstated. The Defendants are then told to appear at DLM at 2:30 for some other ceremony or something. Then they are given a fine and cost review about 6-months out.
help on how to format text
Turn off "Getting Started"