When someone is convicted of a crime in Oklahoma, the court may sentence that defendant to a term of probation. This allows the defendant to serve some, or even all, of their sentence outside of prison. At the same time, a defendant on probation must strictly follow all of the conditions imposed by the court. Even a seemingly inconsequential probation violation can land a person back before the judge--and possibly facing serious jail time. If that is what you are facing, you need an El Reno probation violation lawyer who can help!
Fassio Law is a full-service El Reno, Oklahoma, criminal defense law firm that represents clients who have been accused of probation violations. Many people think they do not need a lawyer when it comes to such matters. But that is a mistake. A probation violation is a serious matter and you need to get in front of it as quickly as possible to preserve your freedom. That is where we can help.
In the Oklahoma criminal justice system, probation is typically the result of a defendant receiving either a deferred or suspended sentence. With a deferred sentence, the judge delays entering a final judgment of conviction and sentence and instead places the defendant on probation for a fixed time period. If the defendant completes probation without incident, the original criminal case is usually dismissed. With a suspended sentence, in contrast, the defendant's conviction is final, but the judge decides to "suspend" part of the prison sentence in favor of probation.
The terms of probation will vary based on the defendant and the nature of the charges against them. But some common types of probation violations that we see with our clients include:
In most probation violation cases, it is a probation officer who will issue an initial violation report. This notifies the local district attorney, who in turn can file either a Motion to Accelerate or a Motion to Revoke, which is a formal request to adjudicate a probation violation for a deferred or suspended sentence, respectively. At that point, a judge can issue an immediate warrant for the probationer's arrest. The probationer will then have an opportunity to present a defense at a formal revocation hearing. Before that, make sure you have an experienced El Reno probation violation lawyer on your side.
Defending yourself in a probation revocation hearing is an uphill battle. The burden of proof is far lower than it is for a criminal conviction. Basically, you need to demonstrate that the violation did not happen, that it was minor and not worth sending you to jail over, or that it was simply the result of events outside of your control. Whatever your case, you can improve your chances by working with an experienced El Reno probation violations lawyer. Contact Fassio Law today at (405) 593-8444 to schedule a free case evaluation.
Call Now