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

Could the Oklahoma Beheading Have Been Prevented?
29-Sep-2014

Last Thursday, Moore police responded to an "active shooter" situa..

Ex-Police Chief Accused of Violating Bond Conditions
26-Sep-2014

Being released on bond is not just a matter of paying the bail mon..

Mid-Del Color Guard Coach Arrested for Statutory Rape
22-Sep-2014

The arrest of a young school employee serves as a reminder that Ok..

Tulsa Student Charged with Murder in Shaken Baby Case
19-Sep-2014

A 22-year-old student faces life behind bars after being charged w..

Can I get my federal record expunged?
17-Sep-2014

In previous expungement articles, we have dealt only with Oklahoma..

Adrian Peterson Indicted for Child Abuse
15-Sep-2014

The spotlight is certainly on the NFL and how it treats its player..

Jerry Jones: Sexual Assault or Sextortion?
12-Sep-2014

Dallas Cowboys owner Jerry Jones is in hot water after someone lea..

With friends like these . . .
08-Sep-2014

Two people in Missouri are charged with voluntary manslaughter and..

Cee Lo Green: It's Not Rape if You Don't Remember
05-Sep-2014

Sometimes, it seems as if Twitter is nothing more than a platform ..

Appeals Court Rejects Appeal in Tulsa High Rise Death
01-Sep-2014

Amber Hilberling was seven months pregnant when she pushed her hus..

×