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Application to revoke-incorrect violations listed

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vrsnyder83

New member
Oklahoma

My husband received a DUI in 2008, was sentenced in May of 2009. he currently has an application to revoke his suspended sentence. On the application to revoke suspended sentence one of the violations that is listed states that he violated a rule to pay probation fees and is in arrears. The original sentencing conditions of probation states that he does not have probation fees. There's also another violation listed that is not properly numbered on the application. So my question is if the application to revoke the suspended sentence is incorrect and contains incorrect information is it valid? And if the application to revoke is not valid how do I go about getting it dismissed?
 


Zigner

Senior Member, Non-Attorney
Oklahoma

My husband received a DUI in 2008, was sentenced in May of 2009. he currently has an application to revoke his suspended sentence. On the application to revoke suspended sentence one of the violations that is listed states that he violated a rule to pay probation fees and is in arrears. The original sentencing conditions of probation states that he does not have probation fees. There's also another violation listed that is not properly numbered on the application. So my question is if the application to revoke the suspended sentence is incorrect and contains incorrect information is it valid? And if the application to revoke is not valid how do I go about getting it dismissed?
Your husband needs an attorney.
 

quincy

Senior Member
We already know that. Currently looking for one in the OKC area to travel to Garfield County.
Your husband can have the inaccuracies corrected first (best option) or your husband can attach the original sentencing conditions to the application.

He should consult with a lawyer for assistance in filing out the application so it meets all requirements.
 

vrsnyder83

New member
Your husband can have the inaccuracies corrected first (best option) or your husband can attach the original sentencing conditions to the application.

He should consult with a lawyer for assistance in filing out the application so it meets all requirements.
I'm not sure you understand, or maybe I worded it wrong. The state filed an application to revoke my husband's suspended sentence and the violations that they listed for wanting to revoke his sentence are not right. The violations they are listing on the application to revoke the suspended sentence are not in his original conditions of probation.
 

Zigner

Senior Member, Non-Attorney
I'm not sure you understand, or maybe I worded it wrong. The state filed an application to revoke my husband's suspended sentence and the violations that they listed for wanting to revoke his sentence are not right. The violations they are listing on the application to revoke the suspended sentence are not in his original conditions of probation.
Those are great things for him to discuss with his attorney.
 

quincy

Senior Member
I'm not sure you understand, or maybe I worded it wrong. The state filed an application to revoke my husband's suspended sentence and the violations that they listed for wanting to revoke his sentence are not right. The violations they are listing on the application to revoke the suspended sentence are not in his original conditions of probation.
Ah. You are right. I totally misunderstood your question. Sorry.

Your husband will need to have the violation removed if he did not violate the terms of his probation. He can contact his probation officer first but he will want an attorney.
 

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