405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA 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

Naked Swimmer Arrested for Indecent Exposure
06-Jul-2015

There is generally nothing unusual about someone swimming at an ap..

If There is No Actual Minor, How Can I Be Charged?
03-Jul-2015

Earlier this month, Canadian County Sheriff's deputies arrested a ..

Mother Arrested for Child Endangerment after Child Found Wandering Alone
29-Jun-2015

A Tulsa mother was arrested on a complaint of child endangerment l..

Convicted Sex Offender Sentenced to Life in Prison for Child Rape
26-Jun-2015

Late last May, a Tulsa mother awoke to the sounds of her 5-year-ol..

Man Charged in Sportscaster's Traffic Death
22-Jun-2015

This weekend, the Oklahoma City-metro area learned with shock that..

Yukon Man Charged with Child Porn, Online Solicitation of a Minor
19-Jun-2015

A 55-year-old Yukon man has been charged in Canadian County Distri..

Oklahoma Expungement: Which Type is Right for You?
17-Jun-2015

If you have an arrest record or criminal court record, you likely ..

Budget Hike to Ease Oklahoma DOC Woes
15-Jun-2015

Oklahoma prisons are in dire straits because of overcrowding and u..

Trial Begins for Edmond Missionary Accused of Raping Children in a Kenyan Orphanage
12-Jun-2015

Matthew Lane Durham was just 19 years old when he went to his four..

Tulsa Man Acquitted of Mother's Murder by Reason of Insanity
08-Jun-2015

In my most recent Huffington Post article (http://www.huffingtonpo..

×