Tribe: Miami Tribe of Oklahoma
Section 424 Discussion Regarding Disposition of Case. A. Meeting. The parties may meet to discuss the possibility of pretrial diversion under
Section 425 or of a plea agreement under Section 426. The Court may not participate in
the discussions. B. Deferring proceedings. Upon stipulation of the parties, the Court shall defer for a
reasonable time any pending proceedings in the prosecution so that the procedures
under this section may be pursued. […] Section 425 Pretrial Diversion. A. Agreements permitted. 1. Generally. The prosecuting attorney, after due consideration of the victim’s
views, and the defendant may agree that the prosecution will be suspended for a
specified period after which it will be dismissed under subsection G on
condition that the defendant not commit a crime during the period. The
agreement must be in writing and signed by the parties. It must state that the
defendant waives the right to a speedy trial. It may include stipulations
concerning the existence of specified facts or the admissibility into evidence of
specified testimony, evidence, or depositions if the suspension of prosecution is
terminated and there is a trial on the charge. 2. Approval required for additional conditions. With the Court’s approval after due
consideration of the victim’s views and upon a showing of substantial likelihood
that a conviction could be obtained and that the benefits to society from
rehabilitation outweigh any harm to society from suspending criminal
prosecution, the agreement may specify one or more of the following additional
conditions to be observed by the defendant during the period: a. That the defendant not engage in specified activities, conduct, and
associations bearing a relationship to the conduct upon which the charge
against the defendant is based; b. That the defendant participate in a supervised rehabilitation program,
which may include treatment, counseling, training, and education; c. That the defendant make restitution in a specified manner for harm or
loss caused by the crime charged; and d. That the defendant perform specified community service. B. Limitations on agreements. The agreement may not specify a period longer or any
condition other than could be imposed upon probation after conviction of the crime
charged. C. Filing of agreement; release. Promptly after the agreement is made or, if required under
subsection A(2), approved by the Court, the prosecuting attorney shall file the
agreement together with a statement that pursuant to the agreement, the prosecution is
suspended for a period specified in the statement. Upon this filing, the defendant must
be released from any custody under Section 406. D. Modification of agreement. Subject to subsections A, B, and C, and with the Court’s
approval if required under subsection A(2), the parties by mutual consent may modify
the terms of the agreement at any time before its termination. E. Termination of agreement; resumption of prosecution. 1. Upon defendant’s notice. The agreement is terminated and the prosecution may
resume as if there had been no agreement if the defendant files a notice that the
agreement is terminated. 2. Upon order of Court. The Court may order the agreement terminated and the
prosecution resumed if, upon motion of the prosecuting attorney stating facts
supporting the motion and upon hearing, the Court finds that: a. The defendant or the defendant’s lawyer misrepresented material facts
affecting the agreement, if the motion is made within six (6) months after
the date of the agreement; or b. The defendant has committed a material violation of the agreement, if the
motion is made not later than one (1) month after expiration of the period
of suspension specified in the agreement. F. Emergency order. The Court by order may direct a law enforcement officer to bring the
defendant forthwith before the Court for the hearing of the motion, if the Court finds
from affidavit or testimony that: 1. There is probable cause to believe the defendant committed a material violation
of the agreement; and 2. There is substantial likelihood that the defendant otherwise will not attend the hearing. G. Release status upon resumption of prosecution. If prosecution resumes under subsection
E, the defendant shall return to the release status in effect before prosecution was
suspended unless the Court imposes additional or different conditions of release. H. Termination of agreement; automatic dismissal. If no motion by the prosecuting
attorney to terminate the agreement is pending, the agreement is terminated and the
complaint is automatically dismissed with prejudice one (1) month after expiration of
the period of suspension specified in the agreement. If that motion is then pending, the
agreement is terminated and the complaint is automatically dismissed with prejudice
upon entry of a final order denying the motion. I. Order of dismissal. If the prosecution is dismissed with prejudice under subsection H,
the prosecuting attorney shall file a notice of dismissal. J. Termination and dismissal upon showing of rehabilitation. The Court may order the
agreement terminated and the prosecution dismissed with prejudice if, upon motion of a
party stating facts supporting the motion and opportunity to be heard, it finds that the
defendant has committed no later offense and appears to be rehabilitated. K. Modification or termination and dismissal upon defendant’s motion. If, upon motion of
the defendant and hearing, the Court finds that the prosecuting attorney obtained
the defendant’s consent to the agreement as a result of a material misrepresentation by a
person covered by the prosecuting attorney’s obligation under Section 411(A), the Court
may: 1. Order appropriate modification of the terms resulting from the
misrepresentation; or 2. If the Court determines that the interests of justice require, order the agreement
terminated and the prosecution dismissed with prejudice.