A motion to revoke (MTR) is a type of legal filing made by a prosecutor when a defendant is accused of violating the terms of probation on a suspended sentence. A motion to accelerate (MTA) is a legal request filed by a prosecutor when a defendant is accused of violating the terms of probation on a deferred sentence. Understanding motions to accelerate and motions to revoke requires understanding how probation works under deferred and suspended sentences. A deferred sentence gives a defendant the chance to avoid a conviction if they successfully complete their probation. A suspended sentence involves an actual conviction with jail time reduced or replaced by probation. When probation terms are violated, prosecutors can file a motion to accelerate for deferred sentences or a motion to revoke for suspended sentences. Both motions place the defendant at risk of incarceration and must be followed by immediate legal action, making experienced criminal defense representation critical when facing probation violations in Oklahoma.
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What is a Motion to Revoke?
A Motion to Revoke probation is a formal court filing made by the State of Oklahoma through the district attorney. A MTR asks a judge to revoke a defendant’s probation or suspended sentence based on alleged violations of supervision conditions. A motion revoking a defendants probation or suspended sentence is only applicable when an underlying criminal case and sentence already exist. The reasons for revoking probation or a suspended sentence are based on alleged violations by the defendant of supervision conditions ordered by court. These violations include committing a new criminal offense or technical violations. Technical violations of probation or a suspended sentence include missed reporting, failed testing, failed treatment, or non-payment. Non-payment refers to the failure of the defendant to pay items such as restitution, court costs, fines, supervision fees, or treatment fees.
The judge decides the motion at a revocation hearing using a preponderance of the evidence under relaxed evidentiary rules. A jury is not used to decide on a motion to revoke. The defendant has the right to counsel, notice of the allegations, and an opportunity to be heard. In a motion to revoke, the defendant has a limited right to confront witnesses called against them. The State is not always required to present live testimony from every witness. The court admits reliable hearsay evidence and limits cross-examination when good cause exists. The defendant has the right to challenge the credibility and reliability of the evidence and argue that revocation should not be based solely on unsupported or unreliable reports.
The court has broad discretion to revoke supervision in whole or in part. The court has the authority to impose up to the remaining balance of the original suspended sentence if the motion to revoke is granted. This means the defendant must serve the full sentence and does not receive a "credit" for the time on probation. Arrest or detention of the defendant are possible once the motion to revoke is filed.
Does a Motion to Revoke Only Apply to Suspended Sentences?
No, in Oklahoma, a motion to revoke applies to both a suspended sentence and probation. A motion to revoke is used when a conviction has already been entered. The defendant is serving a sentence that was suspended in whole or in part, or is being supervised on probation as part of that suspended sentence. In practice, Oklahoma courts treat probation as a form of supervision attached to a suspended sentence. The State files a motion to revoke probation when it claims the defendant violated the court-ordered conditions of that supervision.
What is a Motion to Accelerate?
A motion to accelerate is a formal court filing made by the State of Oklahoma through the district attorney. A motion to accelerate asks a judge to terminate a defendant’s deferred sentence and enter a judgment of guilt based on alleged violations of the conditions of the deferral. A motion to accelerate applies only when an underlying criminal case exists and the defendant is serving a deferred judgment. A deferred judgement means no conviction has yet been entered. The basis for a motion to accelerate is an allegation that the defendant violated one or more court-ordered conditions of the deferred sentence. These violations may include committing a new criminal offense or technical violations. Technical violations commonly include missed reporting, failed drug or alcohol testing, failure to complete court-ordered treatment or programs, travel violations, or non-payment. Non-payment generally refers to failure to pay restitution, court costs, fines, supervision fees, or required program and treatment fees.
The judge decides a motion to accelerate at an acceleration hearing using a preponderance of the evidence under evidentiary rules that are more relaxed than those used at a criminal trial. A jury is not used. The rights of the defendant at a acceleration hearing include the right to counsel, the right to notice of the alleged violations, and the right to present evidence and be heard. The defendant has a limited right to confront adverse witnesses un a motion to accelerate. The State is not required to present live testimony from every witness. The court may admit reliable hearsay evidence at an acceleration hearing when good cause exists. The defendant is allowed to challenge the credibility and reliability of the evidence and argue that acceleration should not be based solely on unsupported or unreliable reports.
If the court grants a motion to accelerate, the legal effect is that the court enters a conviction and proceeds to sentencing. Unlike a motion to revoke, the court is not limited to a previously suspended sentence. The court has the legal authority to impose any sentence authorized by law for the original offense. The court has broad discretion to deny the motion, allow the deferral to continue, or accelerate the deferred sentence and proceed to sentencing the defendant. Arrest or detention of the defendant is possible once a motion to accelerate is filed.
Does a Motion to Accelerate Only Apply to a Deferred Sentence?
Yes, in Oklahoma a motion to accelerate applies only to a deferred sentence (also called a deferred judgment). A motion to accelerate is used when a defendant was placed on a deferred sentence and no conviction has yet been entered. If the State proves a violation of the deferred conditions, the court may accelerate the deferral, enter a judgment of guilt, and proceed to sentencing.
By contrast, a motion to revoke applies to a suspended sentence or probation, where a conviction has already been entered and the court is deciding whether to revoke the previously suspended portion of the sentence.
Hiring a Probation Violation Attorney
Hiring a probation violation attorney is the first step in fighting a motion to accelerate or a motion to revoke in Oklahoma. A successful outcome at a revocation hearing or acceleration hearing requires the assistance of a qualified criminal defense attorney. At Phillips & Associates, our Oklahoma probation violation attorneys counsel our clients on the best way to proceed when facing probation violations and how you can fight a Motion to Accelerate or Motion to Revoke. Contact an Oklahoma criminal defense lawyer at Phillips & Associates at (405) 418-8888.
