Accepting a plea bargain in Okmulgee, Oklahoma allows the court to enter a guilty plea on the criminal charge. The defendant is subject to either a suspended sentence or a deferred sentence.
When the matter involves a suspended sentence, the court finds the defendant guilty but allows the defendant to continue living and working in the community subject to certain conditions. The sentence is “suspended.”
If those terms and conditions are not met by the defendant, the state can submit an application to revoke the suspended sentence.
What Does the Application to Revoke Entail?
Oklahoma has strict procedures regarding an application to revoke a suspended sentence.
The application will contain all the reasons the state is requesting to revoke your suspended sentence. The state must ask the court for a hearing on their application as part of the procedure
Once the state files the Application to Revoke, an arrest warrant is usually issued. Your attorney can help you make arrangements to turn yourself in and arrange for an appearance bond to be posted, guaranteeing your appearance at the hearing on the Application to Revoke.
The matter is then usually set for an arraignment and hearing on the application. The hearing must take place within 20 days. During that time, you and your attorney can prepare your response to the state’s application.
What Happens at the Hearing?
The state has brought the matter before the court and it has the burden to show why your suspended sentence should be revoked. The state must show which conditions of probation were violated.
Typical probation conditions include:
- reporting to your probation officer;
- refraining from the use of intoxicants;
- obeying mandated curfew hours;
- submitting to ordered urine tests and drug and alcohol treatment;
- staying away from criminal associates;
- continuing to work at your job;
- staying within the jurisdiction while on probation;
- not being in possession of firearms; and
- not violating any law.
If you violate any term of probation and it is reported, the state will usually file an Application to Revoke.
This hearing allows you the opportunity to be heard. It is an important part of the process and one for which you will want to have representation present. An experienced Okmulgee criminal defense attorney is a valuable asset if you are facing an application to revoke a suspended sentence.
The State’s Burden of Proof
The state has the burden of proof, by a preponderance of the evidence only, to show why the suspended sentence should be revoked. A mistake in the report or the State’s failure to prove its allegations will cause the Application to Revoke to be denied.
Sometimes, failure to comply is an oversight. With a strong attorney on your side, you may be able to come into compliance either before or after the hearing. This can go a long way toward having the court deny the state’s application.
If the problem is that you have been charged with another crime, some courts are willing to continue the probation violation hearing until a decision is rendered in the new criminal charge. The court will then combine the sentence on the new violation with the probation violation if you are found guilty on the new set of charges.
If the court grants the state’s application, you are entitled to appeal the decision. It is important that the hearing record shows your strongest evidence, so you can be successful in your appeal.
Any time your freedom is being threatened, it is important to have the help and guidance of a strong advocate. An experienced Okmulgee criminal defense attorney can really make a difference.
Free Consultation with an Okmulgee Lawyer
Call 918-756-9600 or 1-888-Wirth-Law (1-888-947-8452) now for a free consultation with an Okmulgee, Oklahoma lawyer at Wirth Law Office – Okmulgee.
You can also submit the question form at the top right of this page, and one of our attorneys will call or email you right away.