Probation in Oklahoma
Probation is a way for a person to be legally rehabilitated without going to jail. In almost every situation, probation is a favorable outcome when compared to incarceration.
In Oklahoma District Courts, there are two ways to end up on probation. The first is if you receive a deferred sentence for a period of time. The second way is to receive a suspended sentence.
A deferred sentence is preferable to a suspended sentence as it is not a conviction. You enter a plea of guilty or no contest to the charge and the Judge will defer sentencing for a period of time. During this period of time, you are on probation. If you complete the terms of your probation and do not get into any more trouble during the deferred period, the charge is dismissed at the end of the deferred period. Although not a conviction, certain drug crimes and DUI/APC crimes can still count as a conviction for enhancement purposes if you get in trouble again.
If you receive a suspended sentence, then you have been convicted of the crime and have been sentenced to a term of imprisonment, which has been suspended. For example, a five-year suspended sentence means the Judge found you guilty based on your plea and then sentenced you to five years in prison with the jail time being suspended as long as you follow your probation requirements and not get into any further trouble.
Rules of Probation
Probation relies on the person’s cooperation and willingness to limit their own behaviors in accordance with the law.
- Community service may be a required part of probation.
- Meetings with a probation officer may also be required.
- Use of illegal drugs or drinking alcohol can both be violations.
- A person under probation may also be required to avoid unsavory people or certain places that they frequented prior to the arrest.
- Drug and alcohol treatment may be required
- Payment of monthly probation fees and other court costs are generally required
- If a felony charge, possession of firearms may be prohibited
Probations can either be closely supervised with the requirement that you check in monthly, or be under more general supervision to ensure good behavior and completion of any requirements. If you or someone you know is facing a criminal charge, probation is often the most desirable outcome. A person can live a very normal life while serving out probation.
Violating probation is a serious offense and can have huge legal repercussions. If you violate the terms of your probation, the State will file either an Application to Accelerate your deferred sentence or a Motion to Revoke your suspended sentence depending on what type of sentence you are on. Any violation of your probation requirements or committing a new crime can result in your probation be revoked and you serving the sentence in jail. It does not matter if the violation is in the last month of the probation term—you can be liable for the full amount of time.
At the Hunsucker Legal Group, we work with our clients to get them the best possible outcome for their case. Furthermore, we understand how to defend probation violations, which can be just as serious in its implications on a person’s life as the initial conviction. It may be possible to get the Application to Accelerate or Motion to Revoke dismissed or negotiate other sanctions that do not involve in custody time.
Contact us today at 405-231-5600 or fill out our online case evaluation form to learn what we can do for you.