In Oklahoma criminal law, the terminology used for probation violations can be confusing. Many people use the term “revoke” as a catch-all, but there is a critical legal distinction between an Application to Revoke and an Application to Accelerate.
If you are on a deferred sentence, the District Attorney for Cherokee County or the Attorney General for the Cherokee Nation Tribal Court will technically file an Application to Accelerate. However, because the end result—losing your freedom and your clean record—is so similar to a revocation, it is often discussed in the same breath.
Below is an overview of what happens when the State moves to “revoke” or “accelerate” your deferred sentence in Oklahoma.
What is a Deferred Sentence?
To understand the risk, you must first understand the reward. A deferred sentence is a “delayed” judgment. You plead guilty or no contest, but the judge defers (postpones) finding you guilty.
- The Benefit: If you finish probation successfully, the case is dismissed and you can often have your record expunged. You never technically have a “conviction.”
- The Trap: If you violate the rules, the State files an Application to Accelerate to “speed up” the process and enter that conviction immediately.
Common Reasons for an Application to Accelerate
The District Attorney can file an application for any violation of your probation terms, which typically fall into two categories:
- Technical Violations: These are administrative slip-ups, such as failing a drug test, missing a meeting with your probation officer, or failing to pay court fines and restitution.
- New Criminal Charges: If you are arrested for a new crime while on a deferred sentence, the DA will almost certainly move to accelerate your sentence.
The Legal Process: What to Expect
Once the Application to Accelerate is filed, a warrant is typically issued for your arrest. The process then follows these steps:
- Arraignment: You will appear before a judge to be formally notified of the alleged violations.
- The Hearing: Unlike a new criminal trial, you do not have a right to a jury. A judge decides your fate based on a “preponderance of the evidence.” This means the DA only has to prove it is “more likely than not” (51%) that you violated probation—a much lower bar than “beyond a reasonable doubt.”
- The Evidence: The State may call your probation officer to testify or present drug test results. You have the right to be represented by an attorney, to cross-examine witnesses, and to present your own evidence.
The Consequences of Losing
If the judge finds that you violated the terms of your deferred sentence, they have several options:
- Acceleration: The judge “accelerates” the case to a final judgment. This results in a permanent felony or misdemeanor conviction on your record.
- Incarceration: The judge can sentence you to any amount of time up to the maximum allowed by law for the original crime.
- No “Street Time” Credit: Crucially, in a deferred sentence, you often do not get credit for the time you successfully spent on probation. If you were on a 5-year deferred sentence and violated in year 4, the judge could still sentence you to the full 5 years in prison.
How a Defense Attorney Can Help
An Application to Accelerate is not an automatic one-way ticket to prison. An experienced Oklahoma criminal defense attorney can often negotiate with the District Attorney to:
- Stipulate and Continue: Agree to the violation in exchange for more time to get into compliance (e.g., paying off fines or finishing a class).
- Modify Terms: Suggest stricter probation terms or treatment programs instead of jail time.
- Fight the Allegations: Prove that the alleged violation did not actually occur or that the evidence (like a drug test) was flawed.
Criminal Defense Attorneys In Cherokee County
Important Note: If you’ve been served with an application to revoke or accelerate, time is your enemy. The sooner you get back into compliance or hire a criminal defense lawyer near you, the better your chances of saving your “deferred” status and keeping your record clean.
Are you facing a probation violation in Oklahoma? Contact Kania Law – Tahlequah Attorneys at 539-876-2321. Or you can get a free online consultation by following this link.