Probation revocation Oklahoma is a serious offense. When you’re convicted of a criminal charge in Oklahoma the Judge has the choice of sentencing you to a jail term, probation or a combination of jail and probation. If the Judge sentences you to a term of probation and you violate the probation the court can revoke the probation and sentence you to a jail term or fines.
How Probation Revocation Oklahoma Works:
If you have a conviction of a felony crime, all or part of the sentence may be probation. When the original sentence called for 5 years, a portion you can complete in jail with the balance on probation. If you violate the terms and conditions of probation the district attorney will file an application to revoke. One example of a violation of probation is when you’ve failed to pay fines and costs as set out in the original plea. Another example is a subsequent drug charge which may be the same or similar to your earlier conviction. In either case the violation will allow the part of your previous conviction that was probation to revoke in whole or in part thereby sending you to jail.
How Long is The Sentence After Revocation:
This is a difficult proposition for those facing a probation revocation Oklahoma. If the original sentence called for 5 years in prison and all was suspended its 5 years probation. If during year 4 you violate the probation, you could go to jail for all of the original sentence. In this case it could be five years. The punishment for violation of probation ranges form small punishments for technical violations up to more serious punishments. In either case the severity of the crime or violation impacts the punishment. This seems harsh to most people facing an application to revoke a suspended sentence in Oklahoma. The common rationale is that iv’e finished 4 years probation I should only spend one year in prison.
Although this sounds logical its not how it goes. In any case the judge decides what the punishment for the violation of probation will be. Although this punishment may be just enough to get your attention the Judge could decide to throw the book at you by sentencing you to the original term.
If its determined that you’ve violated probation the district attorneys office will file an application for probation revocation Oklahoma. Once this files you’ll receive a court date. At this court date you’ll appear with your Tulsa criminal attorney and present your case. The district attorney will have to show that you were on probation and that you in fact violate that particular rule and condition of probation.
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