This Could Revoke Your Suspended Sentence
Video Transcribed: What is an application to revoke in Tulsa Municipal Court? I’m Oklahoma lawyer James Wirth. And this is a video as part of a series that we’re talking about questions related to the city court in Tulsa. And this one deals with applications to revoke.
All right, so if you are charged with a crime or a citation in Tulsa municipal court, most cases get resolved through some sort of plea deal. Some cases ultimately go to trial. Sometimes we can convince prosecutors to dismiss. So those are the various ways that can get resolved. If it does get resolved through a plea deal, one of the types of deals that could be done is a suspended sentence. If it’s a suspended sentence, it means essentially that you’re allowing the court to find you guilty, whether that’s based on a guilty plea or a no-contest plea. And then the court was going to order a certain amount of jail time suspended.
So the court could say six months suspended sentence. And that means that although you’ve been sentenced to six months, you’re not going to serve that time in the city jail, you’re going to serve that time out on probation. Now, as part of that, there’s going to be rules and conditions of that probation that basically says you can’t violate any law and there are other things that you may not be able to do. There may be requirements like work hours and jumping through some other hoops. Whatever the case is. If the city alleges that you violated your probation, what do they do? They file an application to revoke. And by filing that application to revoke, they are asking that the court take your sentence and execute that. So if you had six months suspended, they’re going to ask the court that you put that to six months in the county jail. And you do not get credit for the amount that you served outside of custody.
So if you did five months of that suspended sentence, but then you get revoked in the last, you don’t get credit for those five months that you served on the outside. You only get credit for the time that you served on the inside of the city jail. So they can try to put you in for that full six months if they can show by a preponderance of the evidence that you violated your probation. So what is an application to revoke? That is the city requesting that the court execute your full sentence and go from suspended to in time. But you are entitled to representation on that. And if you cannot afford it, they can get you a public defender. If you can’t afford it, hire an attorney because there may be things that can be done that can negotiate something out. There may be defenses that you have to that can resolve in a better outcome or sentence mitigation.
Just because they filed an app to revoke the six months doesn’t mean you have to serve the six months, may be able to work out something that is a lesser punishment for that. If you’re dealing with those circumstances, though, you’re going to want confidential advice from an attorney after speaking about your specific circumstances. To get that scheduled with a Tulsa criminal defense attorney at my office, you’re going online to makelaweasy.com.
