The difference between an application to revoke or an application to accelerate is like night and day. In Oklahoma, when a person is on probation including both a suspended or a deferred sentence, they are required to comply with certain rules and conditions of probation. If they violate these conditions, the court may take further legal action, which is when the application to revoke or application to accelerate into play.
Application to Revoke
The prosecution files an application to revoke when a defendant allegedly violates the terms of their probation or sentence. This motion requests the court to terminate the defendant’s probation or suspended sentence due to the alleged violation. If the court grants the application, the defendant may have to serve the original sentence or face other penalties.
Upon filing an application to revoke, the court will schedule a hearing where both sides can present evidence and arguments. The prosecution must prove by a preponderance of the evidence that the defendant violated the set conditions.
If the court finds that a violation occurred, it can revoke the probation or suspended sentence and impose the original sentence or modify the terms of the sentence. This could mean jail or prison time or other penalties.
Application to Accelerate
An application to accelerate is a motion filed when a defendant on a deferred sentence allegedly violates their terms. The purpose of an application to accelerate is to request the court to accelerate the deferred sentence, meaning the court would proceed to conviction and sentencing on the original charges. A deferred sentence typically involves delaying judgment and sentencing to allow the defendant to comply with certain conditions.
Similar to an application to revoke, an application to accelerate involves a hearing where the prosecution must prove that the defendant violated the conditions of the deferred sentence. The standard of proof is also a preponderance of the evidence.
If the court finds that the defendant violated the terms of the deferred sentence, it can accelerate the sentence, resulting in a conviction on the original charges and the imposition of a sentence. This could lead to jail time, fines, or other penalties, depending on the severity of the original charges and the violation.
Key Differences
There are several key differences between the two motions. An application to revoke applies to probation or suspended sentences, while an application to accelerate applies to deferred sentences. A revocation can result in the defendant serving the original sentence or other penalties, but an acceleration leads to a conviction and sentencing on the original charges.
Tulsa Criminal Lawyers
Understanding the differences between an application to revoke and an application to accelerate in Oklahoma is essential. Both motions address violations of court-ordered conditions but apply to different types of sentences and have distinct legal consequences. If facing either situation, it is crucial to seek legal counsel to navigate the process and protect your rights. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.