405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
This Attorney is Lead Counsel Rated. Click here for more Information.

Understanding a Motion to Accelerate a Deferred Sentence

21-Oct-2013

For some defendants in criminal cases, a deferred sentence is a way not only to avoid jail, but also to avoid a criminal conviction altogether. In a deferred sentence, a defendant pleads guilty to the particular crime with which he or she is charged, but instead of finding the defendant guilty, the judge delays rendering judgment and sentencing the defendant to jail or prison until the defendant has a chance to complete a term of probation. 

At the end of the probationary term, the judge will render judgment of guilty or not guilty, based upon the defendant's compliance or non-compliance with the rules of probation. 

If the defendant has successfully adhered to all terms and conditions of probation, then the court records will be updated to indicate a plea of "not guilty," and the judge will dismiss the case. Thus, the defendant will not have a criminal conviction on his or her record for the particular offense, and he or she becomes eligible for expungement of the court records according to Title 22 Section 991c of the Oklahoma Statutes.

If, on the other hand, the defendant has somehow violated the conditions of probation, the judge will likely accept the defendant's plea, rendering a judgment of "guilty." He or she will then sentence the defendant, who has now been convicted of the crime, in accordance with the penalties stipulated by law. The defendant faces the possibility of being sentenced to the maximum jail or prison term allowable by law.

However, if a defendant violates his or her probation while serving a deferred sentence, it is unlikely that the rest of the deferred sentence will be served before judgement is rendered. For example, if a person is given a three-year deferred sentence for larceny, and he or she commits another crime after six months, he or she will not likely be allowed to complete the remaining two-and-a-half years of probation outside of jail. In this case, the prosecution would generally file a Motion to Accelerate.

A Motion to Accelerate asks the judge to "speed up" sentencing. In essence, the prosecution is telling the judge that it is unnecessary to further delay judgment and sentencing because the defendant has already botched his or her probation. This can occur through any violation of the conditions of probation--not just the commission of a separate criminal offense. For example, if a person serving a deferred sentence for DUI fails to complete court-ordered drug or alcohol treatment, the prosecutor may file an application to accelerate a deferred sentence. 

Violating probation does not result in the automatic acceleration of a deferred sentence. Depending on the circumstances of your probation violation, you may be able to stay out of jail by coming into compliance with your probationary terms: completing drug counseling, paying restitution, or other such stipulations. To find out how a criminal defense lawyer can help you fight the motion to accelerate your deferred sentence, click here to submit a case evaluation form.



All News

More News

School Sex Abuse Scandal Rocks Oklahoma Town
20-Feb-2017

At least three people have been arrested in connection with sex ab..

Oklahoma Law Enforcement Fights Against Civil Asset Forfeiture Reform
13-Feb-2017

Oklahoma has permissive civil asset forfeiture policies, which all..

Church Employee under Investigation for Sexual Abuse
06-Feb-2017

The theater program director of an Oklahoma City church is under c..

Governor's Task Force: 27 Recommendations for Reducing Prison Overcrowding
03-Feb-2017

Oklahoma's jails and prisons are overpopulated and understaffed. P..

After Token Nod to "Smart on Crime Legislation," OK Attempts to Tighten the Reins
30-Jan-2017

It is always interesting to see what the Oklahoma legislature has ..

Trial Underway for Man Accused of Killing Wife to be with Stripper
27-Jan-2017

Trial is underway for an Oklahoma City man charged with first degr..

Ada Teen Arrested on Kidnapping, Assault, Arson, and Burglary Charges
23-Jan-2017

Just a month after his 18th birthday, a young Ada man was arrested..

Convicted Norman North Rapist Sentenced for Probation Violation
20-Jan-2017

The Norman North High School student whose alleged acts spurred th..

ICAC Investigation Leads to Arrest of Edmond Man
16-Jan-2017

An investigation by a metro area Internet Crimes Against Children ..

No Trial Expected in OSU Homecoming Crash Case
09-Jan-2017

The case of Adacia Avery Chambers, the driver who plowed her car i..

×