Tulsa Cnty. Dist. Ct. Local R. (Criminal/Traffic) RULE CR 15

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.