An application to accelerate is not a commonly known term to most people, but it can have serious consequences. This process is also known as probation revocation in Muskogee, Oklahoma. If you are facing an application to accelerate in Oklahoma, you will need help. Here is what you need to know.
The Relationship Between an Application to Accelerate in Oklahoma and a Deferred Sentence
Deferred sentences are commonplace for many crimes. And a deferred sentence can be an important tool in criminal defense.
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. The deferral period is determined by the court and can be for months or years. And typical court orders include things such as community service, community supervision, counseling, substance abuse treatment, attendance at Alcoholics Anonymous meetings, and payment of court costs.
If the defendant has complied with all the court’s orders, 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
Here is what can happen if the defendant fails to comply with those orders during the deferral period.
The defendant’s probation officer typically reports the non-compliance to the district attorney.
Then, the district attorney may file an application to accelerate requesting that the court accelerate time directly to the end of the deferral period.
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 Requires a Hearing
All applications to accelerate require a hearing. The court sets a hearing date at which evidence and arguments will be heard and considered. It is helpful to have a Muskogee attorney on board to represent a defendant at this 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. The burden of proof is only a showing that the violation is more likely to have happened than not, or 51%.
Sometimes, a violation occurs by accident or inadvertent omission. Other times, a defendant needs more time or a different payment schedule for court costs.
Your attorney can present evidence of your commitment to fulfilling all the terms of the deferred sentence, explain to the judge the situation that caused the violation, and may work out logistics with the court to make it easier for you to meet the court’s orders. Some of the probation terms may be changed — perhaps made more strict or more lenient, depending on the circumstances.
Once all the evidence and arguments are heard, the court may rule immediately. If the court rules in your favor, you maintain your freedom. If the court rules against you, you will most likely be taken into custody immediately.
Having an Attorney Can Really Help
Your attorney can also help prepare you for the hearing. He or she can help you understand the court’s procedures and can help you prepare your testimony for the judge. Attorneys can help you understand what is important for the judge to hear and what is best to leave out of your testimony.
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.
There are things you can do if you are facing an application to accelerate in Oklahoma. You don’t have to face it alone. Talk to a Muskogee attorney right away.
Free Consultation: Muskogee Criminal Defense Attorney
Are you facing criminal charges and need help? Get the help you need to protect your freedom today. Talk to a Muskogee criminal defense attorney.
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Call 918-913-0725 today for an initial free consultation. You can also submit the question form at the top right of this page.