OKLAHOMA PROBATION VIOLATIONS
If you have been accused of violating the conditions of your probation, you will need an experienced attorney to contest the acceleration/revocation of your probation or fight to reinstate your probation. The most common violations of one’s probation include the commission of another offense; failure to pay restitution, probation fees, and/or court costs as ordered; and failure to perform community service. The consequences of acceleration/revocation can be devastating and include (but are not limited to) the following:
- Prison or jail time,
- Additional sanctions, and/or
- Modification of probation terms.
Rules and Conditions of Probation
Typical rules and conditions of probation include the following:
- Community Service
- Alcohol/Drug Assessment and/or Treatment
- Psychiatric Treatment
- DUI Education
- Victim Impact Panel
- Completion of GED or Job Skills Training
- Supervision by the district attorney’s office or Oklahoma Department of Corrections
- Payment of monthly probation fees
- Prohibition from leaving State of Oklahoma without receiving written permission of the probation officer or judge
- Prohibition from violating any city, state, federal, or tribal laws
- Prohibition from possessing and/or consuming marijuana or any other illegal narcotic drug
- Prohibition from possessing and/or consuming alcohol or visiting places where alcohol is main item for sale
- Prohibition from associating with convicted felons (unless they are family members)
- Notification of change of address, employment, and/or telephone number
- Prohibition from carrying concealed weapons, possessing firearms, or riding in vehicle that contains a firearm
- Requirement that the defendant maintain gainful employment
Acceleration vs. Revocation
Whether the State of Oklahoma files an Application to Accelerate or Application to Revoke depends on the type of probation. In the District Courts of Oklahoma, there are two (2) types of probation:
1. Deferred Sentence: The Court withholds judgment of guilt and conviction is postponed pending successful completion of the terms and conditions of the defendant’s probation. If the defendant is successful, the defendant is discharged without a judgment of guilt, the case is dismissed, and the defendant will qualify for an expungement pursuant to Title 22, Section 991(c). However, if the defendant fails to abide by the rules/satisfy the conditions of his/her deferred sentence, the State may file an Application to Accelerate and seek jail/prison, additional sanctions, and/or probation modification.
2. Suspended Sentence: The Court immediately pronounces a judgment of guilt and suspends the defendant’s sentence, which means that the defendant serves time on probation rather than serving time in jail/prison. Like the deferred sentence, the defendant avoids jail/prison, but the pronouncement of guilt constitutes a conviction and the defendant will be unable to expunge the guilty plea (although the defendant may eventually qualify for an expungement pursuant to 22 O.S. Section 18(8) or 18(9)). If the defendant fails to abide by the rules/satisfy the conditions of his/her deferred sentence, the State may file an Application to Revoke and seek jail/prison, additional sanctions, and/or probation modification.
Acceleration/Revocation Hearing: All Bets Are Off!
If the State files an Application to Accelerate/Revoke your probation, a hearing will typically be held within twenty (20) days after entry of a plea of not guilty. At the hearing, the State has the burden to prove violation of the rules/conditions of probation by preponderance of the evidence (which is the lowest burden of proof). The State will most likely call witnesses such as the defendant’s probation officer and present evidence proving the violation. If the Court finds that, considering all the evidence, that it’s more probably true than not true that the defendant violated his/her probation, the defendant’s sentence will be accelerated/revoked and the Court may sentence the defendant to serve the remainder of the sentence in jail/prison.
Do Not Face Your Acceleration/Revocation Hearing Alone!
If you have been accused of violating your probation, do not face your acceleration/revocation hearing alone. The Law Office of Elliott C. Crawford, P.C. will zealously contest the acceleration/revocation and/or fight to reinstate your probation. Call now to schedule your consultation.