Understanding Your Probation Situation
Are you on probation and worried that you’ve violated the rules and conditions? My name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Oklahoma, and I am here to guide you through the complexities of probation violations. Understanding the different motions you might be facing if you’ve accidentally or intentionally broken the rules of your probation is crucial.
I’ve been practicing criminal law for about seven years, and during this time, I’ve encountered many cases involving probation violations. Initially, the terminology can be confusing, but it’s essential to grasp the differences. Essentially, there are two different motions that you could be facing, and while they might seem similar, the impact is quite different.
Application to Accelerate vs. Motion to Revoke
If you’ve violated your probation, you might face two possible motions. The first is an application to accelerate, and the second is a motion to revoke. An application to accelerate is applicable when you’re on what’s called a deferred sentence. This means that even though you’ve entered a plea, the court has deferred a finding of guilt for however long your probation is set.
During this deferred sentence, you’re not facing a criminal sentence; rather, it’s a period to demonstrate compliance. If you uphold the probation conditions, you can withdraw your plea at the end, reinstating your plea of not guilty, and have the charges wiped away. However, if the state files to accelerate, they’re requesting the court to impose sentencing immediately due to non-compliance.
The motion to revoke is different. It applies when you’re already on a suspended sentence, meaning the court has already found you guilty and sentenced you to jail time, but has suspended that time contingent on probation compliance. When facing a motion to revoke, the state asks the court to rescind this suspension due to rule violations.
Differences and Consequences
The critical difference between an application to accelerate and a motion to revoke lies in your record and the potential consequences. An application to accelerate aims to impose a conviction, while a motion to revoke involves a sentence that’s already on your record. With a motion to revoke, failure to comply could result in jail time.
While an application to accelerate offers more leeway to rectify your situation and avoid jail, a motion to revoke is more severe, offering less room for error. This distinction highlights the importance of adhering to probation terms to avoid these outcomes altogether.
Take Action with a Low-Cost Initial Strategy Session
My advice is to do everything you can to follow the rules and conditions of your probation, regardless of the type you’re on. This proactive approach can help you avoid facing these serious motions. However, if you find yourself in this situation, we’re here to help. Reach out to an experienced probation attorney at Wirth Law Office for guidance. My name is Carl Birkhead, and I want to help you make law easy. Call us today at 918-879-1681 for a low-cost initial strategy session.
