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Ray
Ray, Lawyer
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Experience:  29 years in civil, probate, real estate, elder law
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What does motion to accelarate mean

Customer Question

What does motion to accelarate mean
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.
Thanks for your question.They are seeking here to put you back in jail for the time you got probation for in original sentence.Since you did not complete this stuff they can revoke the probation and seek to send you to jail.They have warrant out for if you get pulled over or eventually they will find you and arrest you.You would benefit here from a lawyer to negotiate surrender and resolution.Otherwise you are at risk for jail time.

Edited by RayAnswers on 10/9/2009 at 5:03 PM EST
Expert:  Ray replied 5 years ago.
Information for you..


"What is the difference between an application to revoke probation and an application to accelerate probation under Oklahoma law. An application to revoke probation may filed in a matter involving a suspended sentence and an application to accelerate probation may be filed in a matter involving a deferred sentence. Normally, the prosecutor files an application when the defendant is alleged to have violated probation in some manner. The most common reasons are any one or more of the following:
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1. Failure to do all of the work hours or community service hours;
2. Failure to report to the probation officer;
3. Failure or repeated testing positive for illegal drugs (without a prescription);
4. Moving without notifying the probation officer of the new address;
5. Failure to pay the monthly probation fees;
6. Failure to pay restitution (when there are damages involved) to the restitution office not fines. I have never seen an application to revoke/accelerate for failure to pay fines. That is usually done by a warrant for failure to pay fines.
7. The most serious is the commission of a new offense, either misdemeanor or felony.
8. There are multiple other possibilities --- such as violation of any one of the rules of probation.
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If the defendant is in custody on an application to revoke/accelerate probation, the court is required to set a hearing within twenty (20) days unless the defendant waives the right to a speedy hearing on the matter. Most defendants waive the right to a speedy hearing on the matter in order to get the case passed off as long as possible. There is a saying, any day a case gets passed is like a "temporary acquittal" because the defendant when out on bond is still free and the punishment has been temporarily avoided. In theory, if the defendant has a drug problem, then by passing the case, the defendant can obtain drug treatment. If the defendant has work days to complete then the defendant can try to complete the work days. If the defendant owes restitution, then the defendant can try to pay restitution.
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Typically, the defendant will post a bond and then appear in court and obtain additional time to hire a lawyer. Once the lawyer is hired, then the matter is scheduled for a hearing. Some times a plea bargain is worked out where the defendant agrees to confess the application or admit the truth of the violations to the court and get the sentencing passed for the defendant to come into compliance with what-ever he or she did not do. For instance, the court may require the defendant to complete more work hours or community service hours and to pay all restitution that is owed and to complete drug treatment or to possibly serve some time in jail depending upon what kind of violations, how many violations, how serious the violations and the like. Each case is different and a lawyer may help you resolve it.Good luck
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