What Constitutes A Probation Violation In Oklahoma?

Just because you’ve been sentenced for a crime, doesn’t necessarily mean you’ll be serving time in jail. This may be true even if the crime you were charged with is punishable with jail time. Although it may seem confusing, Tahlequah area courts routinely sentence defendants to deferred sentences, which are highly beneficial for a defendant. If you are accused of a probation violation in Oklahoma, you should speak to a Tahlequah attorney right away.

About Deferred Sentences

Judges often give defendants who commit low-level crimes and plead guilty or no contest to their crimes the chance to serve their time on probation instead of in jail.

If the court orders a defendant to serve a probation sentence instead of jail time, the judge will determine a probationary period of up to 10 years.

Once a defendant has completed that period without a probation violation in Oklahoma, the court will typically allow you to withdraw your plea and your case will be dismissed.

The Conditions Of Probation In Oklahoma

Probation may come with the following conditions:

Pay court costs;
- an assessment in lieu of any fine authorized by law for the offense; and
- any other assessment or cost authorized by law;
Engage in a term of community service without compensation, according to a schedule consistent with the employment and family responsibilities of the defendant;
County jail confinement for a period not to exceed 90 days or the maximum amount of jail time provided for the offense if it is less than ninety 90 days;
Pay an amount as reimbursement for reasonable attorneys’ fees, to be paid into the court fund, if a court-appointed attorney has been provided to the defendant;
Be supervised in the community for a period not to exceed two years. As a condition of any supervision, the defendant shall be required to pay a supervision fee of $40 per month. The supervision fee shall be waived in whole or part by the supervisory agency when the accused is indigent. No person shall be denied supervision based solely on the inability of the person to pay a fee;
Pay into the court fund a monthly amount not exceeding $40 per month during any period during which the proceedings are deferred when the defendant is not to be supervised in the community. The total amount to be paid into the court fund shall be established by the court and shall not exceed the amount of the maximum fine authorized by law for the offense;
Make other reparations to the community or victim as required and deemed appropriate by the court;
Order any conditions which can be imposed for a suspended sentence; or
Any combination of the above provisions.

What Is A Probation Violation In Oklahoma?

A prosecutor may file an application to accelerate the suspended sentence, if they have evidence a defendant has committed a probation violation in Oklahoma.

The prosecutor will, essentially, ask that the court sentence the defendant for the original crime of which they have been convicted.

The court will hold a hearing to determine if the prosecutor’s allegations are correct.

A finding that a probationer has violated the terms of his probation may lead a Tahlequah court to sentence you to the maximum penalty. Okla. Stat. tit. 22 § 991C

Because an application to accelerate may result in the loss of a defendant’s freedom, a prosecutor will be required to present evidence to prove that a defendant has violated the terms of their probation beyond a reasonable doubt.