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Rule CR 15. Acceleration and Revocation Procedures

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: December 7, 2021

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Fourteenth Judicial District [Tulsa and Pawnee Counties]
Criminal Rules
Effective: December 7, 2021
Fourteenth Judicial District Court Rule CR 15
Rule CR 15. Acceleration and Revocation Procedures
Where a criminal charge is filed against a person who is presently on a deferred or suspended sentence, the District Attorney's Office will make every effort to see that an application and order to accelerate or revoke is filed against the defendant at the same time the subsequent charge is filed.
At the time an arrest warrant is prepared on the subsequent criminal charge, a bench warrant will also be prepared on the application and order to accelerate or revoke. Thus, when the defendant is apprehended and arraigned on the subsequent criminal charge, he/she may also be notified of the acceleration or revocation proceeding brought against him/her.
Before filing the application, the District Attorney's office will present it to the sentencing Judge to apprise the Judge of the allegations against the defendant and will request the Judge to issue a bench warrant for the defendant's apprehension. When a bench warrant is issued, it shall be delivered to the Sheriff's office for execution of the warrant and a copy of the application and order to accelerate or revoke shall be filed in the original case.
When apprehended on a bench warrant, the defendant should be taken to the Tulsa County Jail and held there for appearance before the Judge issuing the warrant. After the defendant is incarcerated, the jail personnel should notify the District Attorney's Office that the defendant is in custody and should state when the defendant is to be taken before the Judge issuing the warrant for the hearing.
When brought before the Judge to set the hearing, the defendant shall be served with a copy of the application and order to accelerate or revoke and shall be advised of the following:
1. That an application to accelerate judgment and sentence or revoke suspended sentence has been filed against the defendant alleging that he/she has violated the rules and conditions of his/her probation;
2. That the defendant has a right to have a hearing within twenty days;
3. That at the hearing, the defendant has a right to be confronted by the witnesses against him/her, that the defendant or defendant's attorney may cross-examine these witnesses, and that the defendant may present testimonial and/or documentary evidence in his/her own behalf; and
4. That if the defendant cannot afford the services of an attorney, one will be appointed to represent him/her.

Credits

[Adopted effective February 6, 2003. Amended effective December 7, 2021.]
Fourteenth Judicial District Court Rule CR 15, OK R 14 DIST CT Rule CR 15
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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