Oklahoma One-Year Review

Understanding the One-Year Review Process

Facing a criminal sentence can feel overwhelming, but Oklahoma law provides a unique opportunity to seek modification within one year of your sentencing. This process, known as the Oklahoma one-year review, allows certain defendants to return to the sentencing judge to request changes to their sentence. Typically, this option is used by individuals who are incarcerated, though it may apply in other circumstances as well.

Under Oklahoma law, the sentencing judge retains jurisdiction to modify the sentence within one year. The judge may choose to:

Suspend all or part of the remaining sentence, or
Adjust the length of the sentence

For example, if you were originally sentenced to 10 years in prison followed by 10 years of probation, the judge could modify your sentence to 5 years in prison and 15 years on probation. This flexibility can significantly impact your time of incarceration and post-release supervision.

When is an Oklahoma One-Year Review Allowed?

Not every defendant automatically qualifies for a one-year review. If your sentence resulted from a plea agreement, the district attorney’s approval is required to modify the sentence. However, you are automatically eligible for a one-year review if your sentence came from either:

A blind plea (where the sentence is unknown at the time of the plea), or
A judge’s sentence following a bench trial

Sentences following a jury verdict or negotiated plea require the district attorney’s consent. It’s possible to negotiate a one-year review provision as part of a plea agreement to preserve this option.

Eligibility Rules for Oklahoma One-Year Review

Oklahoma law restricts eligibility for the one-year review in certain cases. Specifically, convicted felons who have served a prison sentence within the last 10 years are not eligible for this process. This rule is designed to prevent repeat offenders from frequently seeking sentence modifications. If you do not fall into this category, you may qualify for a one-year review. Okla. Stat. tit. 22, § 1080.1.

Preparing for Your Oklahoma One-Year Review

Preparation is key to presenting a strong case for sentence modification. Work closely with an Oklahoma City attorney to:

File the necessary court documents on time to request the review,
Coordinate your presence at the hearing, especially if you are currently incarcerated,
Gather supporting evidence such as proof of rehabilitation, good behavior, or changed circumstances, and
Take proactive steps while incarcerated, including completing educational or treatment programs, maintaining a clean disciplinary record, and paying restitution if possible

These efforts demonstrate to the judge that you are committed to positive change and may influence the decision on modifying your sentence.

Practical Example of an Oklahoma One-Year Review

Imagine John was sentenced to 8 years in prison plus 5 years of probation after a bench trial. Within the first year, John completed a substance abuse treatment program and maintained excellent behavior while incarcerated. With his attorney’s help, he filed a one-year review motion. At the hearing, the judge considered John’s progress and reduced his prison term to 5 years, extending probation to 8 years to balance public safety concerns. This example illustrates how the one-year review can reshape a sentence based on real-world rehabilitation.