Most people have never heard the term “application to accelerate.” It is not a crime, but it can have serious consequences if you are facing it. An application to accelerate in Tahlequah, Oklahoma is a consequence of running afoul of the terms of probation or a deferred sentence. Thus, it is helpful to understand the relationship between an application to accelerate and a deferred sentence.
The Relationship Between An Application To Accelerate And A Deferred Sentence
Deferred sentences are often sought after by a defendant and granted by a court when that defendant is facing charges. Deferred sentences allow a defendant to avoid a conviction for the crime charged.
A defendant facing a possible conviction asks the court for a deferred sentence for that crime. If the court grants the defendant’s request, it will impose certain conditions upon the defendant that must be met for the entirety of the deferral period.
If all conditions are met by the defendant, then there is no conviction. The court enters a plea of “not guilty” and the case is then dismissed.
For example, a defendant facing domestic assault and battery charges asks the court for a deferred sentence. The court grants the request and imposes the following conditions: two years of no other arrests or convictions for any other crime, regular meetings with a parole officer, weekly individual and couples counseling, and daily attendance at Alcoholics Anonymous (AA) meetings.
If the defendant meets all of these conditions for the two-year period, there will be no conviction. If the defendant violates any term or condition, the prosecutor may bring an application to accelerate before the court seeking to nullify the deferred sentence and send the defendant to jail for the rest of the deferral period.
The deferral period is determined by the court. Typical court orders may include things such as community service, community supervision, counseling, substance abuse treatment, attendance at AA meetings, and payment of court costs. The conditions depend on whether the offense was a felony or a misdemeanor in Tahlequah.
How An Application To Accelerate Works
If the defendant fails to comply with those orders during the deferral period, the defendant’s probation officer will report the non-compliance to the district attorney. The district attorney has the authority to ask the court to impose the original sentence for the underlying crime.
If the court decides against the defendant, the defendant must then go to jail or prison for the remainder of time left on the sentence. A conviction is entered and becomes part of the defendant’s criminal record.
How To Handle The Hearing
Testimony and other evidence will be heard by the court at the hearing. The prosecutor must prove that the probation terms were violated, but only by a preponderance of the evidence — a fairly easy burden of proof to meet. The burden of proof is only a showing that the violation is more likely to have happened than not, or 51%.
An attorney can help the court understand why the probation violation occurred. If the violation occurred by accident or inadvertent omission, an attorney can help the court understand that the violation was not done willfully.
If the defendant is having trouble paying court costs, an attorney can help apprise the court of the difficulty and help work out other arrangements. Some of the probation terms may be made more strict or more lenient depending on the circumstances and the court’s discretion. Often, the court rules immediately.
An Attorney Can Be Indispensable
Your Tahlequah attorney can help you prepare your testimony and understand the court’s procedures. Not all testimony is helpful for the court. Your attorney will help you be clear and succinct in your testimony.
Your attorney may also negotiate for a suspended sentence rather than immediate incarceration. A suspended sentence is similar to a deferred sentence, but with a suspended sentence the court finds the defendant guilty. The criminal conviction becomes a matter of record, but the court suspends the sentence until a later date — giving you an opportunity to comply with all the terms of your probation.
Low-cost Initial Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you are facing an application to accelerate in Oklahoma.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
