A Petition Can Be Brought to Revoke Your Suspended Sentence
In Oklahoma, an application to revoke is a charge brought by the prosecution in a case after sentencing. Under Oklahoma law, an application to revoke is defined as a petition brought by the district attorney requesting that an offender’s sentence be revoked. Okla. Stat. tit. 22 § 991(b).
It is a formal proceeding with notice requirements, and it asks that the offender show good cause to the judge as to why the offender’s suspended sentence should not be revoked. This places a burden of proof on the offender to show why he or she should still be entitled to the benefits of a suspended sentence.
The Benefits of a Suspended Sentence
A suspended sentence allow you to actually avoid being in prison or jail. Instead, you are on probation for the duration of your sentenced time. So if you were sentenced to two years in jail, but your sentence was suspended, you will be on probation for those two years instead of jail. But there are limitations and requirements that you must adhere to in order to stay on probation and out of jail.
The terms of your probation outline the rules you must abide by during the time of your probation. These rules are often tied into the underlying offense. For example, if you were convicted of a DUI, you may be required to attend AA meetings, or have an ignition lock device installed in your car that will prevent the car from starting if you have had any alcohol. You may have a curfew, past which if you are outside your home, you would be in violation of your probation.
If you are ordered to pay restitution and fail to do so, you could be found in violation.
A typical scenario: A husband batters his wife and is convicted of domestic abuse. He receives a suspended sentence and his probation requires that he not have any contact with his wife as part of that probation. He gets drunk and accosts his wife when she is out with friends. He has just violated his probation, and his suspended sentence could be revoked as a result.
Application to Revoke Hearing
You are entitled to have an attorney represent you at the hearing on your sentence. Evidence will be taken by the court, and it is important that you have an experienced criminal defense attorney represent you at the hearing. Your local Claremore defense attorney will know the particular judge that you will appear before and will know what that judge will find persuasive, and what arguments are best tailored to preserve your freedom.
At the hearing, the judge may revoke your suspended sentence. Alternatively, the court may impose further constrictions on your probation, such as a short jail sentence, or stricter curfews. Sometimes the court will impose community service hours, or if the violation involved drugs or alcohol, require that the offender participate in a higher level of treatment.
Initial Consultation With An Experienced Claremore Criminal Defense Attorney
An application to revoke can mean the loss of freedom. But with an experienced criminal defense attorney at your side, you can preserve that freedom.
The Claremore Lawyer will work hard to preserve your freedom. Call us at (918) 213-0950. If you prefer written correspondence, submit your question using the form at the top right of this page.
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