An Application to Revoke is very serious. If you’ve been charged with a crime in Oklahoma you know how difficult the process is. Not only have you been facing potential jail time you’ve had to pay fines costs and report to a probation officer. An Application to Revoke in Tulsa County is filed by the District Attorney with the clerk of the court you were sentenced at.If this is you hire an experienced criminal attorneys for help
If you were sentenced in Tulsa this would be the Tulsa County District Court. An application to revoke is a serious issue. If you received a suspended sentence or probation for criminal charges, an application to revoke can mean that you have to serve the original sentence against you.
What does an application to revoke do?
There are different types of sentences that you may have plead to. If you were convicted of a crime and no jail sentence was imposed, you got a suspended sentence. This is an alternative to jail time but you are subject to the conditions of your probation. If you violate those conditions this is what triggers the application to be filed. This violation could revoke the out of jail potion of your sentence to an in jail balance of the sentence.
If you were sentenced to a deferred this can be either accelerated to a suspended or simply revoke the deferred sentence itself. An Application to Revoke your probation is filed by the DA when it is believed that you have violated one of these conditions. Violations can include:
· Committing or being arrested for another crime; Any arrest for any crime is enough
· Failing multiple drug and alcohol screenings or attempting to falsify one of the screenings;
· Failing to pay restitution to the victim as agreed in the plea deal you agreed to;
· Tampering with an electronic monitoring device like your ankle bracelet;
· Not reporting to probation or missing assigned reporting requirements for more than sixty (60) days;
· Illegally getting in touch with or contacting in any way a victim, co-defendant or criminal associate;
· Violating any of the Specialized Sex Offender Rules
Additional Penalties
In addition, ‘technical violations of probation and parole’ that are not explicitly outlined in the statute can tally up and get your probation revoked if you commit five or more within a 90 day period. An Application to Revoke will be filed by the DA pursuant to Title 22 § 991b. The District Attorney must be the one to file the application and it must be filed in the same court you were originally sentenced. A hearing will take place 20 days after a plea of ‘not guilty’ is entered.
Criminal Defense Attorneys Near You
If your suspended sentence has been revoked, you should speak to an experienced Criminal Defense Attorney. An Application to Revoke means that your deferred sentence or suspended sentence is revoked. This ends your chance at an expungement and may land you in jail. Call and get a free and confidential consultation toady at 918-416-0358