So, you’re now on probation in Oklahoma. Probation is a tool that is quite valuable in the Oklahoma criminal justice system. It allows you to avoid jail time in exchange for monitoring your behavior for a prescribed period of time. Like all things, probation violations in Tahlequah have consequences.
Because the consequences of violating probation can include incarceration, it is important that you understand the consequences for violating your probation and are able to deal effectively with violations if they occur. For that, you will probably need the help of the probation violations attorney in Tahlequah.
How Probation Functions In Oklahoma
Probation often occurs in the context of either a deferred or suspended sentence. In a deferred sentence, the defendant is not actually convicted of the crime if they comply with all the court’s orders during the period of deferral. Once the deferral period ends, the court enters a plea of not guilty and the matter is dismissed.
In a suspended sentence the court will find the defendant guilty, but allows the defendant to continue living and working in the community subject to the probation conditions imposed.
Probation Violations Can Happen
It can be a hassle to report to your probation officer on a regular basis. It can put a crimp in your lifestyle to avoid socializing with friends and having the occasional drink. Whatever the terms of your probation, you agreed to those terms in order to gain your freedom.
A probation violation in Oklahoma can even be an inadvertent mistake. But, if that mistake comes to the attention of your probation officer, your probation officer will likely report the matter to the District Attorney for action. Hence, an application for probation revocation Oklahoma will result.
If the court grants that petition, the probationer must spend the rest of their sentence in the county jail or in the custody of the Department of Corrections.
Consequences Of Probation Violations Are Stiff
Consequences for probation violations usually revolve around motions to end the probation and re-incarcerate the offender. In the case of a deferred sentence, that motion is called a motion to accelerate. In the case of a suspended sentence, that motion is called a motion to revoke.
If you have been informed that your probation may be revoked, you need the help of an experienced Tahlequah probation violations attorney as soon as possible. The matter will be heard before a judge and having an attorney at your side is your best option to help preserve your freedom.
Motion To Accelerate
In a deferred sentence, this motion is brought to accelerate time directly to the end of the deferral period. The court can then impose the original sentence for the underlying crime. That usually means the probationer must then go to jail or prison for the entirety of their original sentence. There is no credit for time served while under probation.
Motion To Revoke
On a suspended sentence, the motion is brought to lift the “suspension” and send the defendant back to jail or prison to serve the remainder of their sentence. If granted, the court will give credit for all the time spent under probation.
A Probation Violations Attorney Can Help
This is not a time to try to go it alone. These hearings have real-life consequences that can last for years. The prosecution only has to prove it is more likely than not that you violated the terms of your probation at the hearing. This is where an experienced probations violation attorney can step in and help.
Violations are not always deliberate. Sometimes, the terms of the probation may need to be adjusted in order for the offender to manage them. For example, an offender may need more time or a different payment schedule to pay court costs.
Your attorney can help the court understand how and why the violation occurred as well as advocate for any changes to probation terms that might make it easier for you to fulfill your probation. This can make the whole process easier for you.
Don’t try to go this one alone. Get the help you need today in order to preserve your freedom.
Free Consultation: Tahlequah Probation Violations Attorney
For a free consultation with a Tahlequah attorney, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
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