TABLE OF CONTENTS

1. Caption
2. Introduction and Procedural History
3. Response to Allegations
4. Constitutional Rights
5. Standard of Proof
6. Intermediate Sanctions and Technical Violation Caps
7. Mitigating Factors
8. Alternative Sanctions Proposed
9. Evidence and Witness List
10. Conclusion and Prayer for Relief
11. Certificate of Service

Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF OKLAHOMA

Introduction and Procedural History

COMES NOW Defendant, [________________________________], by and through [his/her] attorney, [________________________________], Esq., OBA No. [________], and hereby files this Response to the Application to Revoke Suspended Sentence.

1. On [__/__/____], the Defendant was convicted of / pleaded guilty to [________________________________] in violation of [____] O.S. § [________________________________], a [____] offense.

2. On [__/__/____], the Court sentenced Defendant to [________________________________] and suspended [____] years, placing Defendant on supervised probation subject to terms and conditions.

3. On [__/__/____], the District Attorney filed an Application to Revoke Suspended Sentence alleging:

a. [________________________________]

b. [________________________________]

c. [________________________________]

4. The Defendant entered a plea of not guilty to the Application on [__/__/____].

5. Pursuant to 22 O.S. § 991b, the revocation hearing must be held within twenty (20) days after entry of a not guilty plea unless waived by both parties.

Response to Allegations

A. Classification of Alleged Violations

☐ Technical Violation(s): Allegation(s) [____] are technical violations of probation conditions.

☐ New Law Violation(s): Allegation(s) [____] allege new criminal conduct (felony or misdemeanor).

B. Specific Responses

Allegation 1: [________________________________]

☐ Denied. The Defendant denies this allegation. [________________________________]

☐ Admitted with Explanation. The Defendant admits the factual basis but offers the following explanation: [________________________________]

☐ Admitted. The Defendant admits this allegation.

Allegation 2: [________________________________]

☐ Denied. [________________________________]

☐ Admitted with Explanation. [________________________________]

☐ Admitted. The Defendant admits this allegation.

Constitutional Rights

The Defendant asserts the following constitutional and statutory rights:

1. Right to Written Notice. The Defendant is entitled to written notice of the claimed violations. Morrissey v. Brewer, 408 U.S. 471, 489 (1972).

2. Right to Hearing. A suspended sentence may not be revoked unless a petition is filed by the District Attorney and competent evidence is presented at a hearing. 22 O.S. § 991b.

3. Right to Counsel. The Defendant is entitled to representation by counsel. Gagnon v. Scarpelli, 411 U.S. 778 (1973).

4. Right to Confront and Cross-Examine Witnesses. The Defendant has the right to confront and cross-examine adverse witnesses. Morrissey, 408 U.S. at 489.

5. Right to Present Evidence. The Defendant has the right to present witnesses and documentary evidence in his/her defense.

6. Right to Timely Hearing. The hearing must be held within 20 days after entry of a not guilty plea. 22 O.S. § 991b.

Standard of Proof

The State bears the burden of presenting competent evidence to the Court establishing a violation by a preponderance of the evidence. The Defendant submits the State cannot meet this burden as to the denied allegations because:

[________________________________]

Intermediate Sanctions and Technical Violation Caps

The Defendant asserts the following:

A. Technical Violation Caps

☐ This is a first revocation for a technical violation; any revocation is limited to six (6) months incarceration. 22 O.S. § 991b.

☐ This is a second or subsequent revocation for a technical violation; any revocation is limited to five (5) years incarceration. 22 O.S. § 991b.

B. Intermediate Sanctions Process

☐ The intermediate sanction process was not properly initiated within 4 working days of discovery as required by 57 O.S. § 517.

☐ The probation officer did not exhaust available intermediate sanctions before filing the Application to Revoke.

☐ Available intermediate sanctions include short-term jail/lockup, day treatment, program attendance, community service, outpatient/inpatient treatment, fines, curfews, and referral to an intermediate revocation facility.

☐ The following intermediate sanctions were attempted: [________________________________].

☐ The following intermediate sanctions remain available: [________________________________].

Mitigating Factors

The Court should consider the following mitigating factors:

☐ Employment: Defendant is currently employed at [________________________________] since [__/__/____].

☐ Education: Defendant is enrolled in / has completed [________________________________].

☐ Treatment: Defendant is participating in [________________________________] since [__/__/____].

☐ Family: Defendant is the primary caretaker for [________________________________].

☐ Compliance: Defendant has substantially complied with all other conditions, including: [________________________________].

☐ Circumstances: The alleged violation occurred due to: [________________________________].

☐ Health: Defendant has medical/mental health conditions: [________________________________].

☐ Time Served: Defendant has served [____] of [____] years of the suspended sentence without prior violations.

☐ Other: [________________________________]

Alternative Sanctions Proposed

In lieu of full revocation, the Defendant respectfully requests:

☐ Continuation of suspended sentence under existing terms and conditions.

☐ Intermediate sanctions including:
- ☐ Short-term jail/lockup of [____] days
- ☐ Day treatment program
- ☐ Program attendance: [________________________________]
- ☐ Community service of [____] hours
- ☐ Outpatient/inpatient treatment: [________________________________]
- ☐ Curfew modification
- ☐ Referral to intermediate revocation facility (6 months maximum)

☐ Modification of probation conditions, specifically: [________________________________].

☐ Extension of supervision period by [____] months.

☐ Increased supervision/reporting requirements.

☐ Substance abuse testing at increased frequency.

☐ Other: [________________________________]

Evidence and Witness List

A. Documentary Evidence

B. Witness List

1. [________________________________] — [relationship/title] — will testify regarding [________________________________].

2. [________________________________] — [relationship/title] — will testify regarding [________________________________].

3. [________________________________] — [relationship/title] — will testify regarding [________________________________].

Conclusion and Prayer for Relief

WHEREFORE, the Defendant respectfully requests that this Court:

☐ Dismiss the Application to Revoke Suspended Sentence in its entirety;

☐ Find that the State has failed to meet its burden of proof;

☐ Enforce the technical violation cap of 6 months / 5 years under 22 O.S. § 991b;

☐ Impose intermediate sanctions in lieu of revocation;

☐ Continue the suspended sentence under existing or modified conditions;

☐ Grant such other and further relief as the Court deems just and appropriate.

Respectfully submitted,

Date: [__/__/____]

_____________________________________________
[________________________________]
Attorney for Defendant
OBA No. [________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing RESPONSE TO APPLICATION TO REVOKE SUSPENDED SENTENCE was served upon:

☐ Hand-delivered to:
☐ Electronically filed and served via the Court's e-filing system to:
☐ Mailed via U.S. Mail, postage prepaid, to:

[________________________________]
Assistant District Attorney
[________________________________] County District Attorney's Office
[________________________________]
[________________________________]

_____________________________________________
[________________________________]

Sources and References

• 22 O.S. § 991b — Revocation of Suspended Sentence; Intermediate Sanctions
• 57 O.S. § 517 — Probation Violators
• Morrissey v. Brewer, 408 U.S. 471 (1972)
• Gagnon v. Scarpelli, 411 U.S. 778 (1973)