Probation Violations

Probation violations in Oklahoma can lead to serious consequences. If you are facing a probation violation, it is important to have an experienced attorney on your side.

A defendant in a probation acceleration or revocation proceeding is at a disadvantage compared to a defendant facing new charges. This disadvantage stems from the lower burden of proof required to prove probation violations in court. In a probation acceleration or revocation proceeding, the State of Oklahoma is merely required to show the court that a preponderance of the evidence supports finding the defendant committed the probation violation(s) alleged. This is a much lower burden of proof than “beyond a reasonable doubt,” which is the standard for convicting someone charged with a crime. Probation violations have the potential to carry significant prison time, depending upon the underlying crime and sentence. It is important that someone facing a probation violation obtain knowledgeable, experienced counsel.

A deferred sentence is when a defendant enters a guilty or nolo contendere (no contest) plea, and sentencing is set off for a period of time. During this time, the defendant is on probation. If the defendant successfully completes all probation requirements and pays all fines and court costs before the end of the deferment period, the case will be dismissed at the end of the deferred sentence. A deferred sentence is not a conviction under the law. In an acceleration proceeding for violation of a deferred sentence, the court can sentence the defendant to a term of confinement anywhere within the range of punishment for the underlying crime, provided the probation violation is sufficiently proven by the State. A deferred sentence can be a “double edged sword” in that it allows for a second chance at avoiding a conviction, while providing for the full range of punishment if violated.

A suspended sentence (also known as “straight probation” or “paper time”) is when a defendant enters a guilty or nolo contendere (no contest) plea, and is placed on probation in lieu of jail or prison time. A suspended sentence is a conviction under the law. In a revocation proceeding, the court may sentence the defendant to a jail or prison term that is the same length of time or less than the original suspended sentence. The court may not exceed the length of the original suspended sentence when sentencing a defendant on a violation of his or her suspended sentence.

If you, a family member, or someone you know needs representation on a probation violation, call Rockett Law Office at (405) 529-6005. We will fight hard to keep you out of custody, and work to get you back on track to successfully completing probation.