Most crimes are punishable with jail time. However, the judge in your case may choose to allow you to serve your time on probation instead of behind bars.
If the judge imposes a suspended sentence, you will be sentenced to jail time. However, the judge will allow you to serve probation for the length of the prison sentence instead. For example, if a judge sentences you to 2 years in prison, but imposes a suspended sentence, you must serve two years on probation.
While on probation, the judge may order that you complete community service, maintain a job, or abide by a curfew. If you fail to do so, the Okmulgee district attorney may file an application to revoke probation with the judge who sentenced you.
If your probation if revoked, you will be required to serve the remainder of the two-year sentence in prison.
However, you will have the opportunity to fight the application that alleges you committed a probation violation in Oklahoma.
Probation Violation in Oklahoma
The Department of Corrections has developed a number of possible probation violations, such as failing to maintain communication with your probation officer.
If you’ve been found to be in violation of your probation’s requirements, the sentencing judge may require you to:
- serve a short-term jail sentence,
- attend day treatment,
- complete community service,
- participate in outpatient or inpatient treatment,
- pay monetary fines, or
- abide by stricter curfews.
You may also be required to serve a six-month sentence if you have committed a probation violation in Oklahoma.
Fighting an Application to Revoke
Anyone who violates the terms of their probation may have the terms of their probation modified. If a district attorney asks the judge in your case to revoke probation for failure to comply with the court-imposed requirements, the sentencing judge will hold a hearing to determine if your prison sentence should be imposed.
Because you may be facing jail time, you will be entitled to an attorney. You will have the opportunity to present evidence address whether you have, in fact, committed a probation violation in Oklahoma.
The hearing will not address the underlying crime you have committed—only whether you have violated your probation.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know needs to speak with an Okmulgee criminal defense lawyer regarding a probation violation charge, or any other criminal charge, call 918-756-9600 now for a low-cost strategy session at Wirth Law Office – Okmulgee.
Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
