There are consequences for violating the terms of probation. One of these consequences in Okmulgee is the granting of an application to accelerate. Here is how this scenario usually unfolds.
For some crimes, a judge will grant a deferred sentence. In a deferred sentence, the defendant is not actually convicted of a crime as long as the defendant complies with all of the court’s orders for the deferral period. These orders may include community service, community supervision, and payment of court costs, among other things.
If the defendant has complied, at the end of the deferral period, the court enters the plea of “not guilty,” and the case is then dismissed.
How An Application to Accelerate Works
When a probationer on a deferred sentence violates one or more terms of their probation, the district attorney may file an application to accelerate requesting that the court accelerate time directly to the end of the deferral period. Since the probationer has not complied with all the terms of court’s orders, the court can impose the original sentence for the underlying crime, and that usually means that the probationer must then go to jail or prison.
An application to accelerate may be filed at any time during the deferred sentence period.
The Hearing on an Application to Accelerate
Once the application is filed, a hearing date is set. Evidence and argument will be heard and considered at the hearing. The prosecutor must prove that the probation terms were violated, but only by a preponderance of the evidence — a fairly easy burden of proof to meet.
Once all the evidence and arguments are heard, the court may rule immediately, or take the matter under advisement. If the violation is a smaller one such as failing to keep an appointment with the probation officer, the court may work out a deal with the prosecutor, subject to the judge’s approval. Some of the probation terms may be changed, perhaps made more strict.
Your attorney can present evidence of your commitment to fulfilling all the terms of the deferred sentence and may work out logistics with the court to make it easier for you to meet the court’s orders.
Your attorney can also help you prepare for the hearing and can help you best prepare for the judge’s questions. Keeping your testimony clear, to the point, and succinct is key.
Having your attorney there working on your behalf can help keep you out of jail. Your attorney may negotiate for a suspended sentence rather than immediate incarceration. A suspended sentence is similar to a deferred sentence, but with a suspended sentence the court finds a defendant guilty. The criminal conviction becomes a matter of record, but the court suspends the sentence until a later date, giving you an opportunity to comply with all the terms of your probation.
An Oklahoma attorney can make the difference between incarceration and freedom. Hire an experienced Okmulgee attorney today.
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