Similar to an application to accelerate in Oklahoma, an application to revoke is a proceeding that can occur after a conviction or guilty plea. Applications to revoke apply in the context of a suspended sentence. After a guilty plea or conviction, the court enters the conviction in the record and imposes a sentence. In its discretion, the court can suspend the sentence, which means it is not served provided the defendant complies with probation or similar monitoring. Unlike a deferred sentence, where the conviction is not technically entered, a suspended sentence occurs when the conviction is actually placed in the person’s record. When the person fails to live up to the probation conditions, the state can ask to impose the original sentence, which is known as an application to revoke.
Procedure Must Be Followed
Under Oklahoma law, the state must follow certain procedures in order to impose a suspended sentence via an application to revoke. Initially, the state must ask for a hearing, and give the reasons it believes the suspended sentence should be imposed. You have an opportunity to respond and present evidence to rebut the prosecutor’s allegations. If the court agrees to impose the original sentence, you are entitled to appeal the decision. However, it is important to present the best evidence possible in the hearing in order to improve the chances of a successful appeal. For this reason, an experienced defense attorney is an invaluable asset when you are facing an application to revoke.
Consult With A Tulsa Criminal Defense Attorney
Hearings on an application to revoke can be complicated, and you should consult with a Tulsa criminal defense attorney to explore your defense. For a initial and confidential consultation, you should contact the Seventh Street Tulsa Law Firm at (918) 932-2777.