Applications to Revoke and Accelerate: Understanding the Differences Can Make a Difference to You
To understand the consequences of applications to revoke and accelerate, it is important to understand the difference between a suspended sentence and a deferred sentence. In a suspended sentence, you are found guilty of a crime, but jail time is suspended. Instead, the court will place you on probation for the sentenced time. If you successfully complete the probation period, you do not have to serve jail time.
In contrast, in a deferred sentence, if you have complied with all of the court’s requirements, at the end of the deferred period, the court enters a plea of “not guilty” and the case is then dismissed. In order for you to avoid jail, it is important to strictly obey all the terms of your probation.
But mistakes happen, and when they do in this context, you can lose probation and be required to serve jail time. The prosecutor can ask the court to either revoke or accelerate your probation.
In Oklahoma, an “application to revoke” and an “application to accelerate” are both legal actions that can be initiated by a prosecutor or a probation officer against a person on probation. Both can end probation prematurely. However, they are distinct processes, with different purposes and implications. If you are facing either of these applications, this article can help you understand these implications for you.
Understanding an Application to Revoke
An application to revoke probation is an application to revoke your suspended sentence. It is filed by the prosecutor when you are alleged to have either violated the terms and conditions of your probation, or to have committed another crime. Typical probation violations giving rise to an application to revoke can include failing to report to your probation officer, committing a new offense, not completing required programs or classes, or any other breach of probation terms.
When the prosecutor files the application to revoke with the court, this notifies the court of the alleged violations and requests that the court revoke your suspended sentence . If the court grants the application, you may have your probation revoked. If that occurs, you may have to serve the remainder of your sentenced jail time. In addition, the court may order additional penalties.
Application to Accelerate: Similarities and Differences
An application to accelerate probation is also filed by the prosecutor when you have failed to comply with the terms of your probation. If the court grants the application to accelerate, your probation will most likely be terminated early, and you may face immediate jail time. If that happens the court reimposes the original sentence and you will be required to serve your original sentence.
A Hearing is Required for Both Applications
For both types of applications, a hearing is usually required. This hearing allows you an opportunity to explain the violations and to convince the court that you should have another chance at probation. If the problem is payment of fees, it could be that the fees need to be restructured. If the violation is more serious, the hearing allows you to explain what happened, and to possibly arrange different probation terms with the judge that can help you complete the probation period successfully.
Consult with a Tulsa criminal law attorney. Having an attorney at this hearing can help your odds at keeping your freedom. Keep in mind that all an attorney has to show, by a preponderance of the evidence, is that you have violated the terms of the probation. This standard is lower than the usual criminal standard. It only requires a 51%, or more likely than not, showing of evidence.
In addition, your attorney may be able to negotiate with the prosecutor. Your attorney can stipulate that you have failed to comply and a new set of terms can be negotiated and then approved by the judge. This can make it easier to comply and to successfully complete your probation and maintain your freedom.
Consult with a Tulsa Criminal Defense Attorney
When facing a probation violation, it is important to take action. There are steps you can take that will help you control and handle the situation, moving you toward a positive resolution. Though it can feel overwhelming, consulting with a Tulsa criminal attorney can help. Call today at 918-256-3400. We can provide personalized guidance based on your unique situation. If you are interested in discussing your case or learning more about bench warrants, our team of experienced attorneys at the Tulsa Criminal Defense Law Firm is here to help.
We are dedicated to providing reliable legal advice and representing clients throughout the criminal process. Together, we can navigate the complexities of the criminal court process and work towards a positive outcome.