Anyone who is currently serving a term of probation in Oklahoma understands that it is not a "get out of jail free" card. Probation requires a person to strictly comply with a number of terms of conditions. And any violation of these rules, no matter how seemingly insignificant, may end with the acceleration or revocation of probation (sometimes referred to as a "revo"), and a possible jail term.
The Yukon probation violation attorneys at Fassio Law can advise and represent you if this describes your current situation. We understand that a probation violation is a serious matter. That is why we will take the time to review your case, explain your options to you, and work to ensure the best possible outcome under the circumstances.
Many defendants charged with crimes in Oklahoma elect to plead guilty rather than take their chances at trial. Such guilty pleas often include a negotiated agreement with the prosecution to recommend a sentence that includes some form of probation. In Oklahoma, probation is usually a condition of a suspended sentence or a deferred sentence.
A deferred sentence (or deferred judgment) means that the judge does not sentence the defendant right away (even if they entered a guilty plea). Rather, the court imposes a term of probation. If the defendant successfully completes probation, the original charge can be dismissed. But if there are any violations, the district attorney can file a "motion to accelerate" the judgment and seek to have the judge impose a prison sentence.
With a suspended sentence, in contrast, the court accepts the guilty plea and sentences the defendant immediately and imposes a prison term but "suspends" all or part of that sentence and replaces it with probation. But as with a deferred judgment, if the defendant violates any of the probation terms and conditions imposed by the court, the judge can revoke probation and require the defendant to serve the remainder of their sentence in prison.
The specific terms and conditions of probation vary from case to case. But some of the more general conditions that commonly lead to violations include:
Unlike a criminal trial, when accused of a probation violation, your case will not be heard by a jury. It is up to the judge to decide whether you committed the violation. And the burden of proof favors the prosecution. So you must be prepared to explain your actions and defend yourself within the bounds of the law.
There are a number of potential defenses depending on your situation. Perhaps your probation officer made a mistake and you never actually committed a violation. Or the violation itself was minor and you can argue it does not justify sending you to prison. The important thing to remember is that if you are charged with a probation violation, you need to act quickly to assert your rights. Your first step should be to contact an experienced Yukon probation violation attorney. Contact Fassio Law today at (405) 593-8444 to schedule an initial case assessment with a member of our staff.