View Previous Versions of the Oklahoma Statutes. featuring summaries of federal and state The court shall consider such reports when modifying the sentence or revocation of probation. No attorney-client relationship exists between you and Chavers & Guhl LLP until you sign a written contract. A. New Oklahoma Laws In 2016 Part 14 – Prison Sentence Modification Period Extended To 60 Months January 11, 2017 by Frank Urbanic Previously, a prison sentence could … With combined experience of more than three decades, and experience as both prosecutors and criminal defense attorneys, we have the resources and expertise to help you. That doesn’t mean you shouldn’t fight for your rights and have good representation. The sentencing court can now modify a sentence within 60 months after any of the following: HB 2443 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2443%20ENR.PDF, 22 OS § 982a – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70771, Filed Under: Blog Tagged With: hb 2443, new law, oklahoma laws, oklahoma prison, sentence modification, What to Expect While Your Case is Pending, http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2443%20ENR.PDF, http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70771, an original sentence to Drug Offender Work Camp (DOWC), after receipt by the trial court clerk of the mandate affirming conviction and sentence on appeal.
Courts hold that a probated sentence is an act of judicial grace and therefore retain the right to revoke it at any time should they feel it is appropriate. Any time within twenty-four (24) months after the initial sentence is imposed or within twenty-four (24) months after probation has been revoked, the court imposing sentence or revocation of probation may modify such sentence or revocation by directing that another sentence be imposed, if the court is satisfied that the best interests of the public will not be jeopardized; provided, however, the court shall not impose a deferred sentence.
With combined experience of more than three decades, and experience as both prosecutors and criminal defense attorneys, we have the resources and expertise to help you. July 1, 1999; Laws 2007, c. 358, § 6, eff. Free Newsletters Note that if a prisoner is not a U.S. citizen, a California criminal conviction (and a resulting sentence) can lead to deportation or other dire immigration consequences. Any application for sentence modification that is filed and ruled upon beyond twelve (12) months of the initial sentence being imposed must be approved by the district attorney who shall provide written notice to any victims in the case which is being considered for modification. 2014 Oklahoma Statutes Title 22.
This section shall not apply to convicted felons who have been in confinement in any state or federal prison system for any previous felony conviction during the ten-year period preceding the date that the sentence this section applies to was imposed. Added by Laws 1983, c. 37, § 1, eff. Nov. 1, 2012. Judicial review. Oklahoma may have more current or accurate information. NOTE: Laws 2009, c. 275, § 1 repealed by Laws 2010, c. 2, § 9, emerg. A sentence can be modified when a prisoner is not a U.S. citizen. eff. Further, without the consent of the district attorney, this section shall not apply to sentences imposed pursuant to a plea agreement or jury verdict. For example, the Court of Criminal Appeals could change a defendant's 20-year sentence to 10 years. This new Article A excepts and does not apply to persons who have ever been convicted of a violent felony. D. If an appeal is taken from the original sentence or from a revocation of probation which results in a modification of the sentence or modification to the revocation of probation of the defendant, such sentence may be further modified in the manner described in subsection A of this section within twenty-four (24) months after the receipt by the clerk of the district court of the mandate from the Supreme Court or the Court of Criminal Appeals. Amended by Laws 1997, c. 133, § 69, eff. For purposes of judicial review, upon court order or written request from the sentencing judge, the Department of Corrections shall provide the court imposing sentence or revocation of probation with a report to include a summary of the offender's assessed needs, any progress made by the offender in addressing his or her assessed needs, and any other information the Department can supply on the inmate. Disclaimer: These codes may not be the most recent version. eff. Get the best Revocation Hearing & Sentence Modification Attorneys In OKC! Under certain circumstances, a court (either the district court or the Oklahoma Court of Criminal Appeals) can change (or "modify") the sentence that was imposed at the sentencing hearing. You need to hire our Oklahoma Law Firm for excellent representation. MODIFICATION OF SENTENCE Applicant requests the sentence be modified to a term of 364 as provided in the Penal Code Section §18.5(b) as to count(s): _____. Criminal Procedure §22-982a.
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