Understanding the Implications of Waiving Time in Criminal Cases
Hi, my name is Carl Birkhead, and I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for nearly eight years, and today I want to help make law easy by breaking down what it means to waive time in a criminal case.
The short answer? In most situations, waiving time doesn’t dramatically change the course of your case, but it can buy you some breathing room. Let me explain.
In Oklahoma, certain hearings—like probation violation cases—are supposed to happen within a specific time frame, usually within 20 days of your arraignment. If you’ve been accused of violating your probation, the State may file a motion to accelerate or revoke your suspended sentence. That starts a clock, and the court is expected to hold a hearing quickly.
The Reality of Probation Violations
But here’s the deal: in many of those cases, my clients have missed a class, skipped a payment, or just lost touch with their probation officer. It’s not always something major, but it still counts as a violation.
When we waive time, we’re asking the court not to rush into a hearing. That extra time allows me to work with my client to get them back into compliance, whether that means catching up on fines, rescheduling a missed class, or getting reconnected with their probation officer.
And here’s the good news: when we do that, the State will often dismiss the motion entirely, and my client stays on their original probation terms. No jail, no new sentence—just a second chance to get back on track.
Strategic Considerations for Waiving Time
Of course, waiving time isn’t always the right move. It depends on your situation. But in probation violation cases, it’s often a strategic choice that gives us the time we need to fix the problem before it gets worse.
If you’ve got questions about this or your criminal case, give me a call. I’m happy to talk it through with you.
Get Started with a Low-Cost Initial Strategy Session
Again, I’m Tulsa misdemeanor attorney Carl Birkhead with Wirth Law Office—and I’m here to help make law easy. Don’t hesitate to reach out for personalized legal guidance. Call me at 918-879-1681 to schedule a low-cost initial strategy session and start understanding your options today.
