Norman, OK asked in Criminal Law for Oklahoma

Q: PLEASE LET ME KNOW WHAT THIS ORDER MEANS FROM A JUDGE.See below for additional details.

WHAT DOES THIS STARTER MEAN???

MOTION TO DISMISS AND TO RECALL WARRANT-APPLICATION TO REVOKE SUSPENDED SENTENCE/ORDER DISMISSING APPLICATION AND RECALLING WARRANT

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH

A: This looks like an application to revoke a suspended sentence was filed indicating an attempt by a prosecutor or probation officer to have the sentence imposed. A warrant issued for the arrest of the defendant. A motion was filed (by the defendant or on his or her behalf) to dismiss the application and recall (cancel) the warrant.

It's unclear from what you posted if the motion to dismiss and recall was granted or if the entry simply indicates the filing party included a proposed order. Typically, there would be a second entry, later in time, indicating the court's ruling, not just a slash and then the order. So it isn't clear from the entry if the court granted the motion or not, but I suspect not. Especially since an actual court order will say the motion is granted or denied.

It is common practice for attorneys to submit a proposed court order with their motions. This saves the judge time, if he or she is inclined to grant the motion because all they have to do is sign it. Call the clerk of courts for clarification of its entry.

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