Understanding the One-Year Review Process
Hi, Oklahoma City criminal defense attorney Gunner Briscoe with Wirth Law Office. I primarily handle criminal cases, and one question I often get is: What is a one-year review?
Under Oklahoma law, you can return to the judge who sentenced you within one year, and the judge retains jurisdiction to modify your sentence. This is most often used by people who are incarcerated, though not always.
The judge has the discretion to:
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- Suspend all or part of the remaining sentence, or
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- Modify the duration.
For example, if you were originally sentenced to 10 years in prison and 10 years on probation, the judge could modify it to 5 years in prison and 15 years on probation.
When is a One-Year Review Allowed?
If you have a plea agreement with the State of Oklahoma, the district attorney must agree to the modification. You’re automatically eligible for a one-year review only if:
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- You did a blind plea, or
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- You were sentenced by a judge after a bench trial.
A jury verdict or plea agreement requires the DA’s consent, although you can negotiate for a one-year review provision in a plea deal.
Eligibility Rules for One-Year Review
Under Oklahoma law, you are not eligible for a one-year review if you are a convicted felon who has been in prison within the last 10 years. If you don’t fall into that category, you may be eligible.
Preparing for Your One-Year Review
If you qualify, work with your attorney to:
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- Get the necessary court paperwork filed,
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- Arrange to be brought from prison for the hearing,
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- Collect documentation supporting the modification request, and
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- Take steps in prison to improve your chances, such as:
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- Completing classes or treatment programs,
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- Maintaining a clean disciplinary record,
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- Paying restitution if possible.
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- Take steps in prison to improve your chances, such as:
All of these actions can strengthen your case for a sentence reduction.
Wirth Law Office is here to help with sentence modifications and all other criminal matters.
Contact Us for a Low-Cost Consultation
If you have questions about a one-year review or need assistance with your criminal case, don’t hesitate to reach out. Call Oklahoma City felony defense attorney Gunner Briscoe today at 405-888-5400 for a low-cost consultation!
