A Motion to Accelerate can play a key role in criminal cases. In Oklahoma criminal law, many defendants receive deferred sentences as part of their plea agreement. A deferred sentence allows the defendant to avoid a permanent conviction on their record if they successfully complete probation and meet all court-ordered requirements. However, if the State believes that the defendant has violated the terms of probation, the prosecutor may file a Motion to Accelerate.
Understanding a Deferred Sentence
Before looking at the Motion to Accelerate, it’s important to understand what a deferred sentence is:
- The defendant pleads guilty or no contest.
- Instead of entering a conviction, the court “defers” judgment and places the defendant on probation.
- If probation is successfully completed, the case may be dismissed, and the defendant can often seek to have the record expunged.
A deferred sentence is essentially a second chance—but it comes with strict conditions.
What Is a Motion to Accelerate?
A Motion to Accelerate is a filing by the State asking the court to enter judgment and impose a sentence because the defendant allegedly violated the terms of probation under a deferred sentence.
If the motion is granted, the court “accelerates” the deferred sentence into a conviction and imposes the underlying punishment. This can result in:
- A criminal conviction on the defendant’s record.
- Jail or prison time.
- Fines, court costs, or additional probation conditions.
Common Reasons for a Motion to Accelerate
The State may file a Motion to Accelerate if the defendant:
- Fails a drug or alcohol test.
- Is arrested on new charges.
- Misses probation meetings or fails to check in with a probation officer.
- Does not pay fines, costs, or restitution.
- Violates any other condition of the deferred sentence (such as attending classes or community service).
What Happens After a Motion to Accelerate Is Filed?
Once the motion is filed, a few things will happen:
- The defendant will be served with notice of the motion.
- A hearing will be scheduled in front of the judge.
- The State must prove the violation occurred.
- The defense has the opportunity to challenge the allegations or negotiate a resolution.
The judge then decides whether to grant or deny the motion, and what sentence to impose if the motion is granted.
Defending Against a Motion to Accelerate
An experienced Oklahoma criminal defense attorney can:
- Argue that the alleged violation did not occur.
- Present mitigating circumstances to persuade the court not to accelerate the sentence.
- Negotiate with prosecutors for a modified probation plan instead of acceleration.
Oklahoma Criminal Defense Lawyers
A Motion to Accelerate can turn what was once a second chance into a permanent conviction with serious penalties. If you or a loved one is facing criminal charges in Oklahoma, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation.