They Have to Have Proof That You Failed to Comply
Video Transcribed: What is the burden of proof in Tulsa Municipal Court for an application to accelerate or revoke? I’m James Wirth, a lawyer in Oklahoma. I’m doing a series of videos related to the Tulsa Municipal Court, and the Tulsa City Court, and the question is, what is the burden of proof on the city if you are facing an application to accelerate or an application to revoke?
What those things mean is you’re on probation. You’ve entered a plea agreement that puts you on probation, you’ve got terms and conditions of that probation, and they’re alleging that you failed to comply with it, and now they have to prove that. So it is the city’s burden to prove that, but it’s not the same high burden that you have in the original case. So if you’re charged with a criminal offense originally, the city has to prove beyond a reasonable doubt that you’re guilty, looking at each of the elements, that each of the elements is met beyond a reasonable doubt, and you’re guilty of that offense.
If they’re alleging that you violated probation in an application to accelerate or an application to revoke, it’s a much lower standard. It’s not even just clear and convincing evidence, it’s lower than that preponderance of the evidence. That’s the same standard that you typically see in civil cases, meaning that it’s more likely than not that you violated your probation. That’s what the burden level is, a preponderance of the evidence. Just a little bit more likely not that you did violate it, that’s all they’re required to prove.
If you’re dealing with this circumstance, you’re not just going to want this information from this video. You’re going to want to talk to an Oklahoma criminal defense attorney privately and confidentially to get legal advice specific to your circumstances. To get that scheduled with somebody at my office, you can go to makelaweasy.com.
