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Video Transcribed: What is an application to accelerate in Oklahoma. I’m local Oklahoma attorney James Wirth and we’re about to talk about motions to accelerate. Okay, so the first time I said application, the second time I said motion. Why is it different?
Well, some counties call it an application to accelerate other ones call it a motion to accelerate. Either way it’s the same thing and what that is, it’s when you’re on a deferred sentence, that’s a plea deal where you’re not convicted and you’re on probation as long as you’re good, it’s dismissed and expunged. That’s the deferred sentence.
When you’re on a deferred sentence and the prosecutor is alleging that you violated your probation, they file an application to accelerate alleging that.
And then once they file an application to accelerate, they have an affidavit that goes with it and that goes to the judge to sign an arrest warrant just like a brand new case.
You get an arrest warrant out and then you’re arrested on that. You come before the court, you’re entitled to a hearing fairly quick on those, but you can waive that if you want additional time to prepare. And you want to find out what exactly they’re alleging, that’ll be in the application and then negotiate something out.
Sometimes you can negotiate it either to be dismissed upon doing further things on your probation. Sometimes we can negotiate it to a suspended in order to get you a conviction unfortunately, but it would keep you out of jail, which is good, and other times we may not be able to reach an agreement on something, may not be able to get a good deal worked out and may have to put on the hearing.
At the hearing it is still the state’s burden to show that you violated probation, but unlike the standard to prove guilt in the first place of beyond a reasonable doubt, their burden is much lower. It’s a preponderance of the evidence, which just means greater likelihood than not, and they’re not required to prove that you violated a serious part of your probation.
They can prove that you violated any part of your probation, which could be maybe you didn’t check in like you were supposed to. Maybe you didn’t maintain employment like you were supposed to. Maybe you didn’t pay your court costs or your supervision fees. Maybe you picked up a traffic ticket or a new offense.
Lots of different allegations they can make. They prove any of those that they made by preponderance of the evidence, they’ve met their burden, and then it goes to the judge and the judge can sentence you at that point anywhere within the range of punishment of the original offense, so that can be pretty scary.
You want to make sure that while you’re on a deferred sentence, you complete everything like you’re supposed to and you stay out of trouble. If you don’t, and an app gets filed, you want to make sure that you fight it with a competent prosecutor.
If you’re dealing with emotion, motion to accelerate or an application to accelerate, you’re going to want to talk to an attorney about your specific circumstances. You can talk to an attorney through my office, Wirth Law Office by going to makelaweasy.com.
