Asked in Criminal Law for Oklahoma

Q: I am behind on restitution payments. Can a judge impose sentence after the completion date of a deferred sentence?

David A. Cincotta has responded to the question "Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma":

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was filed with the Court Clerk, then the Court is without authority to accelerate the sentence. It does not matter when the acceleration hearing occurs (generally speaking); therefore, an application to accelerate that is filed one day before a deferred sentence is set to expire is still timely even if the hearing is had after the expiration of the deferred sentence.

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1 Lawyer Answer
David A. Cincotta
David A. Cincotta PRO label
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Also, with restitution that has not been paid, there is a provision that permits the judge to extend the period of supervision (by not more than three years), but that must be done by court order prior to the expiration of the deferred. Simply an application to accelerate after the deferred expired (if not ordered extended by the court under the provision below), the application would be untimely as I previously stated.

Here is the language from the provision referenced in this response:

"When the court has ordered restitution as a condition of supervision as provided for in subsection A of this section and that condition has not been satisfied, the court may, at any time prior to the termination or expiration of the supervision period, order an extension of supervision for a period not to exceed three (3) years."

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