When defendants are convicted of a crime in Muskogee, Oklahoma, they are often not required to go to jail.
The judge will, instead, sentence a defendant to a deferred sentence. Although this means a defendant does not have to go to jail for his crime, they must follow strict rules during their deferred sentence.
If they fail to do so, the prosecutor may file an application to accelerate.
This is the first step of the probation revocation Oklahoma process, and could lead to a judge sending a defendant back to jail.
If you’ve had an application to accelerate filed against you, contact an experienced Muskogee probation attorney today.
About Deferred Sentences
People who commit low-level crimes are often given a second chance at freedom in the form of probation, instead of jail time. Depending on the severity of the crime, an Oklahoma judge may issue a probated sentence of up to 10 years.
At the completion of a probation sentence, a judge allows a defendant to withdraw their guilty or no contest plea and the case will be dismissed.
Conditions of Probation
Probation isn’t a total free ride. A judge may impose the following conditions on anyone he sentences to probation:
- Pay court costs;
- Pay an assessment in lieu of any fine authorized by law for the offense;
- Pay any other assessment or cost authorized by law;
- Engage in a term of community service without compensation, according to a schedule consistent with the employment and family responsibilities of the defendant;
- County jail confinement for a period not to exceed ninety (90) days or the maximum amount of jail time provided for the offense, if it is less than ninety (90) days;
- Pay an amount as reimbursement for reasonable attorney fees, to be paid into the court fund, if a court-appointed attorney has been provided to defendant;
- Be supervised in the community for a period not to exceed two (2) years. As a condition of any supervision, the defendant shall be required to pay a supervision fee of Forty Dollars ($40.00) per month. The supervision fee shall be waived in whole or part by the supervisory agency when the accused is indigent. No person shall be denied supervision based solely on the inability of the person to pay a fee;
- Pay into the court fund a monthly amount not exceeding Forty Dollars ($40.00) per month during any period during which the proceedings are deferred when the defendant is not to be supervised in the community. The total amount to be paid into the court fund shall be established by the court and shall not exceed the amount of the maximum fine authorized by law for the offense;
- Make other reparations to the community or victim as required and deemed appropriate by the court;
- Order any conditions which can be imposed for a suspended sentence;
- Any combination of the above provisions.
What is Probation Revocation Oklahoma?
If a defendant violates the terms of his probation, such as engaging in drug use or committing another crime, a prosecutor can file an application to accelerate the suspended sentence.
This means the prosecutor believes that the court should disregard the probation and sentence the defendant to the original crime.
When this application for probation revocation Oklahoma is filed, the judge will hold a hearing. There, the prosecutor will have to prove beyond a reasonable doubt that the defendant violated the terms of his probation.
If the court finds that the defendant violated his probation, a judge or jury may sentence him or her to the maximum punishment of the original crime.
Low-cost Consultation: Muskogee Probation Attorney
Failing to abide by the requirements of your probation can have serious consequences; it may lead to years behind bars due to the probation revocation Oklahoma process prescribed by state law.
If you or someone you know is accused of violating probation, contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights.
Call Wirth Law Office – Muskogee today at 918-913-0725 or toll free at 1-888-447-7262 [Wirth Law].
