No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not bailable, on account of any defect in the charge or process, or for alleged want of probable cause; but in all such cases, the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and discharge, let to bail or recommit the prisoner, as may be just and legal, and recognize witnesses when proper.
§ 1343.Procedure When Person Committed For Want of Bail - Defects In Charge Or Process - Want of Probable Cause
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1343 bars discharge from a bail commitment based on a defect in the charge or process or an alleged lack of probable cause, and instead directs the court to summon the prosecuting witnesses, investigate the charge, and discharge, admit to bail, or recommit the prisoner as is just.
Full Text of § 1343
Amendment History
R.L. 1910, § 4894.
Plain-English Summary
Section 1343 addresses someone held because they couldn't post bail, or held on a charge that isn't bailable at all. A technical defect in the charging paperwork, or a claim that there was no probable cause, isn't grounds to discharge that person through habeas corpus.
Instead, the court must summon the prosecuting witnesses, investigate the criminal charge itself, and then discharge the prisoner, let them out on bail, or recommit them - whichever the facts justify - and recognize witnesses to appear when appropriate.
Frequently Asked Questions
Can a defect in the criminal complaint get someone released on habeas corpus?
No - Section 1343 says a defect in the charge or process isn't grounds for discharge in this situation.
What does the court do instead of releasing the person?
It summons the prosecuting witnesses, investigates the criminal charge, and then discharges, admits to bail, or recommits the prisoner as the facts warrant.
Does an alleged lack of probable cause justify release under this section?
No, the statute treats that the same as a charging defect - it triggers investigation, not automatic discharge.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: habeas corpus bail commitment oklahomadefect in criminal charge habeas corpusprobable cause habeas corpus oklahoma