Appeals and Post-Conviction Relief in Oklahoma What You Need to Know Post-conviction relief in Oklahoma provides those convicted of criminal charges to ask a court to review the conviction. Although widely considered to be part of the appeals process, the post-conviction process begins only after the appellate process has ended. Although post-conviction exoneration is rare, […]
Post-conviction relief is a highly specialized and often confusing area of the law. Though sometimes referred to in error as part of the appeals process, post-conviction applications are known as a collateral attack on an inmate's conviction. An individual can only seek post-conviction relief after the appeals process ends. Significantly, an inmate's rights during the post-conviction process differ considerably from those they have at the trial and appellate stages. Read the article to learn more about the post-conviction process.
In a criminal trial, facts and the law determine guilt or innocence. But in Oklahoma's direct appeals process, the focus shifts from questioning facts to scrutinizing the trial process itself. The appeals court assumes the trial was conducted correctly, placing the burden on the defendant to prove otherwise. This demanding standard requires demonstrating that errors likely influenced the trial's outcome. Understanding the varying standards of review employed by the appeals court is crucial when constructing an appellate argument. For detailed insights, read the full article.
In Oklahoma, trial courts have the power to suspend a judgment and sentence under certain circumstances. This power is independent of the Governor's power to commute, parole, or pardon individuals. A suspended sentence involves the court suspending all or part of the incarceration and imposing specific terms that the defendant must follow. If the defendant complies with the terms, they can avoid incarceration. However, failure to comply may result in the revocation of the suspended sentence. It is important to consult with an attorney if you are facing a criminal conviction or have already lost on appeal.
When Can You Withdraw a Guilty Plea? In Oklahoma, the withdrawal of a plea of guilty or no contest following sentencing is distinct from a direct appeal or the post-conviction process. This process has strict time limits, and the court expects a precise legal argument on your behalf. It is best to utilize the assistance […]
Oklahoma trial courts have the authority to review and modify sentences imposed on defendants. This process, governed by Title 22, Section 982a, allows defendants to potentially have a significant portion of their incarceration time removed. If you're considering a sentence modification, there are important factors to understand, such as the length of time since sentencing, the type of crime committed, the sentencing method, and your prior criminal history. Navigating this process can be complex, which is why it's advisable to seek the assistance of an Oklahoma City sentence modification attorney. Read the full article to learn more.
The Uniform Post-Conviction Procedure Act in Oklahoma governs post-conviction relief, providing six reasons individuals may seek relief. These include violations of the U.S. or Oklahoma Constitution, convictions without proper jurisdiction, sentences exceeding legal limits, evidence of previously unheard material facts, unlawful custody, or convictions subject to collateral attack due to error. The post-conviction relief process is complex and often requires the expertise of a skilled Oklahoma City attorney. Mistakes in the application process can result in significant delays or the closure of future relief opportunities.
Parole is not probation or an early release from a sentence. Parole is the supervised release of a prison inmate. It allows them to leave prison with conditions they must follow. The Oklahoma Pardon and Parole Board oversees the parole process in Oklahoma, differentiating between violent and non-violent offenders. Non-violent offenders must serve one-third of their sentence, while violent offenders must serve 85% before becoming eligible for parole. Once eligible, a parole hearing is scheduled and the process begins.
This article discusses the necessity of legal representation when seeking commutation for a criminal conviction in Oklahoma. While commutation aims to modify an inmate's sentence, it is vital to understand that its primary purpose is to rectify unjust or excessive punishments. The process involves two stages: a Qualification Review and a Commutation Hearing, with only the Governor having the authority to grant commutation. Seeking an attorney's guidance is crucial to navigate this complex procedure and ensure a favorable outcome for yourself or a loved one.
Why is it Important to seek a Pardon? Officially, a pardon is an executive recognition that someone has turned their life around and become a productive citizen. Functionally, a pardon is equivalent to the State of Oklahoma forgiving you for a crime committed and for which a court convicted you. Like the U.S. President, a […]
Discover how expungement can help you move on from the damaging effects of a criminal conviction. Learn the difference between expungement and pardons, and explore the various types of expungements available in Oklahoma. Find out when cases can be expunged and the important steps to take. Don't let a criminal record hold you back from employment, housing, or other opportunities. Contact an Oklahoma City expungement attorney who can guide you through the process and advocate on your behalf. Clean your record, repair your reputation, and secure a fresh start. Read on to learn more.
Supervising Authority: In Oklahoma, the Oklahoma Department of Corrections, Community Sentencing, or a District Attorney's office may be the entity supervising your probation. No matter the supervising authority, the offender must check in with their probation officer and adhere to all conditions ordered by the court. Court orders for those on probation are numerous. They often include payment of restitution or other fees, sobriety restrictions, mandatory classes or counseling, restrictions on whom you can contact, substance abuse treatment, and more. With so many mandatory terms to follow, it is easy to violate probation. Read on.