Probation can be a welcome alternative to incarceration. Many judges give criminal defendants a second chance by sentencing them to probation. In exchange for agreeing to follow the terms of probation, the defendant can remain free and out of jail. This is referred to as a deferred sentence.
However, failing to abide by the terms of your probation can land you behind bars. If you are facing accusations of violating probation, you need an experienced criminal defense lawyer on your side. You need Fassio Law. Contact us today for a free case assessment.
What Is a Probation Violation?
When a person is sentenced to probation, they are given a set of terms and conditions that they must follow to remain compliant with probation and out of jail. Common conditions of probation may include:
- Abiding by a curfew
- Maintaining employment
- Completing community service
- Participating in substance abuse counseling or treatment
- Participating in anger management, parenting classes, or other types of counseling and treatment
- Abstaining from drugs and alcohol
- Taking random drug tests
- Reporting to a probation officer
- Asking permission before leaving the state
- Not associating with other known criminals
- Paying all court-ordered fees, fines, and restitution
Oklahoma recognizes two types of probation violations: technical violations and substantive violations. Technical violations include violating any term of probation, such as:
- Failing to report to your probation officer
- Breaking curfew
- Using drugs or alcohol
- Failing a drug test
- Leaving the state without permission
- Not paying fines
- Not completing ordered counseling or treatment
A substantive violation occurs when a person on probation gets arrested for or charged with a new criminal offense.
Consequences of Violating Probation
Violating probation can subject a probationer to many serious consequences, including the following:
Accelerated Sentence
If your probation officer believes you have violated probation, they can recommend that your sentence be accelerated. If you received a deferred sentence, the District Attorney can file a motion to accelerate your sentence. A hearing is scheduled. If the hearing officer agrees, you can be sentenced to the maximum punishment provided under the law for the crime you were originally convicted of. You are not given credit for the time you were on probation, so you can be sentenced to the full time prescribed for the crime.
Immediate Arrest
If your probation officer has reasonable grounds to believe that you have been charged with or found guilty of committing a felony or misdemeanor, they must notify the Department of Corrections (DOC). If the DOC determines that there are sufficient facts to justify revocation, it can issue a warrant for your arrest. Then, you are placed in the nearest county jail or intermediate sanctions facility until the court determines whether to revoke your probation or not.
Revoked Probation
If you were initially given a suspended sentence, the District Attorney can file a motion to revoke the suspension. If successful, you can be sent to jail to complete the remainder of your sentence. Any time you have already served is credited toward the sentence, but you would have to serve the remainder of the sentence in this scenario.
Stricter Probation Terms
If your probation is not fully revoked, you could still face stricter probation terms that are more difficult to comply with and that may be more likely to lead to a later revocation of your probation. Possibilities may include:
- More frequent check-ins with your probation officer
- Longer probation periods
- Curfews
- More community service hours to complete
- Required treatment
- Additional classes
Oklahoma law allows courts to modify the terms of probation upon determining a violation has occurred.
New Criminal Charges
In addition to potentially having your probation revoked, you could face additional criminal charges based on the crime(s) you are being accused of committing, such as:
- Gun charges
- Drug crimes
- DUI
- Assault
- Domestic violence
- Theft
- Curfews
Negative Effects on Your Future
Violation of probation can impact your future in many ways. First, your relationship with your probation officer can be negatively affected. They may be more suspicious of you, conduct more random drug tests or searches than usual, or pry into your personal life. Even if you are able to evade the acceleration of your sentence or revocation of your probation initially, a violation can eventually lead to this outcome due to the increased scrutiny.
Finding a job after a finding of a probation violation can also be difficult. An employer might be able to initially overlook a criminal record, but they might be hesitant to hire someone with a documented showing that they did not follow the rules. They may feel that you are unreliable if there is a probation violation on your record.
Potential landlords may be able to find court records and supervision notes when they conduct background checks or screen applicants.
Violating probation can also interfere with your attempts to expunge your criminal record after you complete your probation. Oklahoma Statutes Title 22 § 18 sets the criteria for expungement. Some of these criteria include that there are no pending charges against you. Additionally, the prosecutor could challenge your application for expungement and argue that you did not comply with the terms of your sentence, so you should not be able to have your criminal record sealed.
Judges could extend your probation term, which can further serve as a barrier to you fully restoring your freedom.
What to Expect at a Probation Violation Hearing
Oklahoma has a set procedure for probation violation hearings. The supervising probation officer schedules a date, time, and place with the court and provides the probationer with a copy of the Notice of Administrative Hearing and a proposed Diversion Agreement. If the probationer does not attend the hearing, a bench warrant can be issued for their arrest.
During the procedure, the hearing is recorded. The probationer is informed of what they are accused of violating, including the date, time, and location of each alleged violation. They are also informed of their rights, including the right to remain silent. However, their silence in this case can be used against them, unlike in a criminal case. The hearing officer inquires if the defendant had an opportunity to review the allegations against them and the diversion agreement.
The hearing officer reviews the evidence against the defendant. They can hear the probationer’s testimony or denial of violations. At the conclusion of the hearing, the officer determines whether the defendant has violated probation. If they find that they have, they can issue sanctions against them, including accelerating their sentence. The hearing officer completes the Findings of Administrative Hearing Officer form and states their findings on the record. The defendant has five days to appeal an adverse decision to the sentencing judge.
Why Having an Attorney at Your Probation Violation Hearing Is Critical
The consequences of a finding that you have violated probation are dire. You can lose your freedom and face many other life-altering consequences.
The probation violation process differs significantly from the typical criminal case. The burden of proof is also much lower, with the prosecutor only needing to show proof by a preponderance of the evidence that you violated probation, which is much lower than the proof beyond a reasonable doubt standard used in criminal courts. This means that the prosecutor only has to prove that it is more likely than not that you violated probation.
At the same time, you are likely facing a biased judicial system. Judges don’t like it when people don’t follow their orders. They may have little patience for someone they believe disrespected their instructions.
Probation violation cases also operate under administrative rules. Effective probation violation lawyers are familiar with these rules and can operate under them effectively.
When a lower burden of proof is necessary, a different court process is involved, and the potential consequences are so serious, you need immediate legal assistance from an experienced probation defense attorney. Your lawyer can fight for the best possible outcome in your case.
Contact an Experienced Probation Violation Defense Lawyer for Your Free and Confidential Case Assessment
If you have received notice that your probation could be revoked or your sentence accelerated, you need a criminal defense attorney experienced in handling probation violation cases. The attorneys at Fassio Law practice criminal law exclusively, including handling probation violation cases.
Our local law firm was founded by a former criminal prosecutor who knows the ins and outs of the criminal justice system. She knows how to anticipate the other side’s arguments – and how to overcome them. Contact us now for your free case assessment.
