Applications to Revoke Probation or
Applications to Accelerate Probation in Oklahoma
by Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/ or Telephone: (918) 583-4621
What is the difference between an application to revoke probation and an application to accelerate probation under Oklahoma law. An application to revoke probation may filed in a matter involving a suspended sentence and an application to accelerate probation may be filed in a matter involving a deferred sentence. Normally, the prosecutor files an application when the defendant is alleged to have violated probation in some manner. The most common reasons are any one or more of the following:
1. Failure to do all of the work hours or community service hours;
2. Failure to report to the probation officer;
3. Failure or repeated testing positive for illegal drugs (without a prescription);
4. Moving without notifying the probation officer of the new address;
5. Failure to pay the monthly probation fees;
6. Failure to pay restitution (when there are damages involved) to the restitution office not fines. I have never seen an application to revoke/accelerate for failure to pay fines. That is usually done by a warrant for failure to pay fines.
7. The most serious is the commission of a new offense, either misdemeanor or felony.
8. There are multiple other possibilities --- such as violation of any one of the rules of probation.
If the defendant is in custody on an application to revoke/accelerate probation, the court is required to set a hearing within twenty (20) days unless the defendant waives the right to a speedy hearing on the matter. Most defendants waive the right to a speedy hearing on the matter in order to get the case passed off as long as possible. There is a saying, any day a case gets passed is like a "temporary acquittal" because the defendant when out on bond is still free and the punishment has been temporarily avoided. In theory, if the defendant has a drug problem, then by passing the case, the defendant can obtain drug treatment. If the defendant has work days to complete then the defendant can try to complete the work days. If the defendant owes restitution, then the defendant can try to pay restitution.
Typically, the defendant will post a bond and then appear in court and obtain additional time to hire a lawyer. Once the lawyer is hired, then the matter is scheduled for a hearing. Some times a plea bargain is worked out where the defendant agrees to confess the application or admit the truth of the violations to the court and get the sentencing passed for the defendant to come into compliance with what-ever he or she did not do. For instance, the court may require the defendant to complete more work hours or community service hours and to pay all restitution that is owed and to complete drug treatment or to possibly serve some time in jail depending upon what kind of violations, how many violations, how serious the violations and the like. Each case is different and it depends upon a multiple number of factors and too many different factors to list them all here.
You should always consult an attorney in person and not just on the telephone. Would you ask for a medical diagnoses for serious medical problems from your doctor over the telephone? Why would you even consider asking a lawyer for his advice about serious legal problems over the telephone? Obtaining a legal prescription for your serious legal problems by talking over the telephone is extremely impersonal and unprofessional when you are talking to someone who you do not have a relationship to and where there is no commitment and no eye contact. Anyone can say anything over the telephone and it might be correct and it might not be correct. You should schedule an appointment to talk to a lawyer in person to discuss serious legal issues and not just call them up over the telephone trying to "punk" them for free comforting words. Comforting words can come freely over the telephone but you probably want to here the truth and not just soothing words that quiet your fears and make you feel good. The truth can hurt but it is always better to hear the truth than a lie that just makes you feel good.
Sometimes the defendant commits a new offense or even the same offense for which the defendant is on probation for at the time. Each case is different. There are a multitude of factors that a court may consider so you should consult a lawyer in person to discuss all of the factors and options in the case. See the below blog or previous blog for more information concerning those possibilities.
A hearing on an application to revoke or accelerate probation is a hearing where the standard of proof is "more likely than not" and not beyond a reasonable doubt. It is usually a summary type proceeding and the court has discretion on what kind of sentence to impose. It is possible for the court to pass sentencing for the defendant to come in compliance or to complete a treatment program. The court can impose sanctions such as requiring the defendant to complete a period of time at a private prison such as Avalon or require the defendant to compete some weekends in jail or complete a drug treatment program. Each case is different and it depends on a multitude of factors, too numerous to list here.