If you’ve been convicted of a crime punishable with jail time in Okmulgee, Oklahoma the judge in your case may allow you to serve your time on probation instead of in jail if you plead guilty or no contest to the underlying crime.
Failure to abide by the terms of your deferred sentence or to violate your probation in any other manner may result in a prosecutor filing an Oklahoma motion to accelerate with the court.
This means that the Okmulgee prosecutor will ask the court to sentence you for the original crime of which you were convicted.
How to Avoid an Oklahoma Motion to Accelerate
If the judge imposes a deferred sentence in your case, he will determine a length of probation you must serve up to 10 years.
At the end of your probation term, a judge will typically allow you to withdraw your plea and the court will dismiss your case.
While on probation you may be required to meet the following requirements or you will face an Oklahoma motion to accelerate your deferred sentence:
- 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.
Potential Penalties for an Oklahoma Motion to Accelerate
If an Okmulgee court finds that you have violated your probation, it may sentence you to the maximum prison sentence for the original crime committed.
For example, if you have pleaded guilty to a crime carrying a maximum sentence of 10 years, the court may allow you to serve one year of probation.
If, however, you have violated your probation, the court may require you to serve the entire 10- year sentence in jail, even if you were only required to serve one on probation.
Low-cost Consultation: Okmulgee Probation Attorney
A successful Oklahoma motion to accelerate a deferred sentence can have serious consequences and may lead to years behind bars.
If you need help for a charge of probation violation in Okmulgee, simply call 918-756-9600 for a low-cost consultation.
Or, enter your legal question or concern in the form at the top right of this page, and one of our Okmulgee criminal defense attorneys will contact you.
