A commutation is an essential legal tool that can relieve an unjust or overly harsh sentence. In Oklahoma, a commutation can change a sentence to less severe, such as from life without parole to life with parole or a reduction from a harsher penalty to a lesser one. It’s important to understand that a commutation is not an early release mechanism but is intended to correct sentences deemed excessive or unjust. Given the complexity of the process, working with an experienced Oklahoma commutation attorney can make a significant difference in successfully navigating this legal path.
Understanding Commutations
A commutation is distinct from a parole or pardon. While parole involves conditional release from prison, and a pardon is complete forgiveness of a crime, a commutation reduces the severity of the sentence. In Oklahoma, only the Governor has the authority to approve a commutation, and only after a favorable recommendation from the Oklahoma Pardon and Parole Board. The process begins with the submission of an application, but even then, there is no guarantee that the Pardon and Parole Board will advance the request or that the Governor will grant it.
The Pardon and Parole Board employs a two-stage process when reviewing commutation applications. During Stage One—Qualification Review, the Board conducts a “jacket review,” which involves evaluating the application and any accompanying materials to determine whether the case has merit. If the Board finds that the application has sufficient merit, it will move to Stage Two—Commutation Hearing, where the offender may appear via video conference, and family members or legal representatives can speak on their behalf.
The Role of an Oklahoma Commutation Lawyer
Navigating the commutation process requires thorough preparation and understanding of the intricate legal procedures involved. An experienced Oklahoma commutation attorney plays a critical role in helping clients apply for a commutation by ensuring that the application is completed correctly, supported by necessary documents, and submitted within the proper timeframes. A well-prepared application is essential because the first stage of the process, the jacket review, relies heavily on the information provided in the application and any supporting materials, such as letters of support.
In the second stage, having an Oklahoma post-conviction relief attorney by your side is invaluable. Your attorney can represent you during the Stage Two Commutation Hearing, ensuring that your case is presented effectively. Additionally, they can advise on the best way to gather supporting evidence, including letters from family members, friends, and legal representatives, which can help sway the Board’s decision in your favor.
The Process of Applying for a Commutation in Oklahoma
Applying for a commutation in Oklahoma involves several key steps, all of which must be followed precisely to maximize the chances of success:
Submission of the Application: This first step involves preparing and submitting the commutation application and supporting documents like letters of support. Attention to detail is critical, as the application will undergo the initial jacket review.
- Stage One—Qualification Review: The Pardon and Parole Board will review the application to assess its merit. If the Board determines that the application has merit, the case will proceed to Stage Two.
- Stage Two – Commutation Hearing: If your application advances, a video conference hearing is scheduled, during which you and your legal representative, as well as family members or friends, can speak on your behalf. Only two people may appear at the hearing, and only one can speak for five minutes unless a legal representative is involved.
- Board Decision: Following the hearing, the Board will either recommend or deny the commutation. A favorable recommendation moves the application to the Governor’s desk for final approval.
- Governor’s Decision: The Governor has the final say and can either approve or deny the commutation. A statutory timeline does not bind the Governor so that the decision can take some time.
Good News for Commutations in Oklahoma
In a significant move towards justice reform, Oklahoma has made strides in addressing overly harsh sentences for nonviolent offenses. In 2016, the state reclassified certain drug possession and theft crimes from felonies to misdemeanors, eliminating the possibility of prison time for these offenses moving forward. However, this reclassification initially only applied to new cases, leaving many Oklahomans still serving prison sentences under the old laws.
To rectify this, the Oklahoma legislature passed HB 1269, allowing individuals serving sentences for these reclassified crimes to apply for expedited commutation and record expungement. In November 2019, the Oklahoma Pardon and Parole Board made a landmark decision to recommend the commutation of hundreds of these sentences, with the Governor promptly approving the release of 462 Oklahomans. This monumental action reduced 1,931 years of prison time, reunited families, and allowed individuals to reintegrate into their communities. It marked a decisive step toward creating a more just and fair criminal justice system in Oklahoma.
Contact Skilled Legal Representation Today
If you or a loved one seek to apply for a commutation or need legal assistance, now is the time to act. The commutation process can be complex, but you can navigate it successfully with the proper guidance. Contact an experienced Oklahoma commutation attorney today to explore your options and receive expert legal advice.
For specific representation or questions regarding your case, contact the Oklahoma Post-Conviction Law Firm at (918) 932-2833. Let our dedicated attorneys help you through this challenging legal journey and fight for the justice you deserve.