Are you being charged with violating your probation? Probation violation is a serious offense that could land you in jail for the remainder of your probation term, if not longer. A highly skilled defense will be needed if your probation officer brings these allegations forward. A probation violation can simply be the result of not following court rules in regards to your probation.
The formal name for a probation violation is an Application/Motion to Accelerate (if you are on a deferred sentence probation) or an Application/Motion to Revoke (if you are on a suspended sentence probation). Either way, this means the District Attorney has filed formal paperwork accusing you of violating your probation. If found guilty, you could go to prison!
Get in front of the problem by hiring OKC Criminal Defense Firm Fassio Law to defend you in Court! Fassio Law will provide you with excellent representation in your probation violation case.
If your probation officer issues a violation report, informing the Court or the District Attorney that they believe you have violated the terms of your probation, you could be facing jail time and/or having your probation accelerated or revoked!
If you are on a deferred sentence, and your probation is accelerated, that means you will lose your deferred sentence and be convicted. Now you have a conviction on your criminal history—all because of a simple mistake.
If you are able to remain on a deferred sentence, you may be able to have the charge dismissed and expunged (cleared off your record) once you complete the probation term. So you definitely do not want to lose your deferred sentence. Even worse, you could be accelerated, convicted, and sentenced to serve time in prison.
If you are on a suspended sentence, and your probation is revoked, you will be sent to prison. Probation allows people convicted of crimes to stay out of jail/prison and continue to go to school or work. But once probation is revoked, you’re headed to the slammer. It’s that simple.
When the state alleges you have violated the conditions of parole/probation, the deck is stacked against you. A judge can issue an arrest warrant, and you can be picked up anywhere—even at work. This makes integrating back into society much harder.
It's also not easy to fight back against the accusation. On the one hand, you might testify on your behalf. But remember—the state can also bring criminal charges for any subsequent violation. If you are arrested with a weapon, you not only face the prospect of having your probation revoked. You could also face a new, additional criminal weapons charge. Testifying is a risky bet, since anything you say could end up being used later in a criminal prosecution against you.
You also don’t have the right to a jury in a probation violation hearing. Instead, the judge will listen to the evidence and determine if you committed a violation. In our experience, the state wins most of these hearings, in part because the burden of proof is much lower at a probation violation hearing.
You need an immediate response when accused of any type of violation. Here’s some of the best arguments we have made:
We can also argue that even if you committed a violation, you should not be sent to jail. For example, Oklahoma Statutes§ 57-517 gives the judge the ability to send a probation violator to an intermediate revocation facility for sanction and intensive programmatic services. We can argue that you deserve this alternative if, for example, you failed a drug or alcohol test. These services can help you get on top of your addiction and allow you to stay in the community instead of heading to jail. Other services involve mental health treatment or courses on domestic violence.
Don't make the mistake of not having excellent legal representation at your revocation hearing! You need to do everything possible to fight back against these allegations. Your freedom hangs in the balance. Call our OKC Probation Violation and Revocation Defense Attorneys at (405) 593-8444 or email [email protected]. OKC Probation Defense - We look forward to serving you.