Judges often don’t send people who have been convicted of a crime to jail, instead opting to give the defendant a second chance on probation. This is formally referred to as a deferred sentence.
Even though a defendant has been granted a second chance, he must still follow a strict set of rules.
These rules may include abiding by a curfew, maintaining employment, or completing community service. You will also have to stay out of trouble during this time.
Failure to do so can result in a prosecutor filing what is called an application to accelerate, which would send you to court on a probation violation in Oklahoma.
If you’ve had an application to accelerate filed against you in Wagoner, contact an experienced criminal defense attorney.
Understanding Deferred Sentences
When a judge decides to defer your prison sentence, he may require you to serve on probation for up to 10 years.
However, when you complete your probation, the judge will allow you to withdraw your guilty or no contest plea and will dismiss the case.
What is a Probation Violation in Oklahoma?
If a defendant fails to abide by the terms of his probation, the prosecutor may argue that the court should revoke probation and sentence the defendant to the full sentence of the original crime.
When an application to accelerate is filed, the judge will hold a hearing. The prosecutor will have to prove beyond a reasonable doubt that the defendant did indeed commit a probation violation in Oklahoma.
If the court finds that the defendant violated his probation, it may sentence a defendant to the maximum punishment of the original crime. Okla. Stat. tit. 22 § 991c
Financial Conditions of Probation
Probation can be costly, as the court may require that you pay the following:
- 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 90 days or the maximum amount of jail time provided for the offense, if it is less than 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 years. As a condition of any supervision, the defendant shall be required to pay a supervision fee of $40 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 $40 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; or
- Any combination of the above provisions.
Initial Strategy Session: Wagoner Probation Lawyer
An accusation of committing a probation violation in Oklahoma can result in jail time and hundreds of dollars in fines.
If you or someone you know is faced with an application to accelerate, please contact a Wagoner criminal defense attorney to discuss your available legal options.
Call 918-485-0335 for your low-cost, confidential consultation.
