Waiver of counsel, 2014
There is no statute on point addressing a juvenile's right to waive counsel in Oklahoma, however there is case law indicating that a waiver must be made voluntarily, knowingly, and intelligently under the totality of the circumstances test.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Oklahoma,, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at both state and local level
Organizer: Oklahoma Indigent Defense System
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In Oklahoma, both juvenile and adult statutes provide the basis for juvenile indigency law and set the standard for determining indigency. Indigency law applies if a juvenile is being transferred to criminal court. Indigent defense training available for appointed counsel. Indigency is judicially determined. Specialized juvenile training available or required.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
Oklahoma’s Juvenile Code of statutes presumes youth age 13 or older and alleged delinquent are competent to proceed, unless found to be developmentally disabled, developmentally immature, intellectually disabled, or mentally ill. The statute has very detailed sections for competency proceedings, related evaluations, reviews and resumption of proceedings.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity