Oklahoma Probation Violation Attorney
Being accused of violating probation can put your freedom at risk. If you are on a deferred sentence, it can also put your opportunity to avoid a conviction at risk.
In Oklahoma, the procedure depends on whether you received a suspended sentence or a deferred sentence.
A suspended sentence means you have a conviction. If the State alleges that you violated the conditions of your suspended sentence, the prosecutor may file a Motion to Revoke.
A deferred sentence means the court has not entered a judgment of guilt. If the State alleges that you violated the conditions of your deferred sentence, the prosecutor may file an Application to Accelerate. Oklahoma's deferred sentence statute specifically provides that the proceedings are deferred before entry of a judgment of guilt. Pasted markdown
At A Smart Defense, attorney Alexa Smart represents clients facing Motions to Revoke and Applications to Accelerate throughout Oklahoma.
ALLEGED VIOLATIONS
Suspended Sentence and Motion to Revoke
A suspended sentence is imposed after a conviction. The court suspends some or all of the sentence subject to conditions that the defendant must follow.
If the State alleges that those conditions have been violated, the prosecutor may file a Motion to Revoke.
The State must set forth the grounds for revocation and present competent evidence justifying revocation at a hearing.
If the court finds that a violation occurred, it does not necessarily have to revoke the entire suspended sentence. The court may revoke only a portion of the sentence and leave the remaining portion suspended.
PROTECTING YOUR DEFERRAL
Deferred Sentence and Application to Accelerate
A deferred sentence is different because the court has not entered a judgment of guilt.
The defendant enters a plea or is found guilty, but the court defers further proceedings while the defendant completes the conditions ordered by the court.
If the defendant successfully completes the deferred sentence, the defendant is discharged without a judgment of guilt, the plea is expunged from the record, and the charge is dismissed with prejudice. Pasted markdown
If the State alleges that the defendant violated the conditions of the deferred sentence, the prosecutor may file an Application to Accelerate.
For a violation other than a technical violation, the court may enter a judgment of guilt and proceed to sentencing or may modify the conditions of the deferred sentence. Pasted markdown
This means an Application to Accelerate can put both your freedom and your opportunity to avoid a conviction at risk.
WHAT COUNTS AS A VIOLATION
Common Probation Violations
Probation violations can include:
Not every probation violation is treated the same under Oklahoma law.
THE DISTINCTION MATTERS
Technical Probation Violations in Oklahoma
Oklahoma law distinguishes technical violations from certain other probation violations.
A technical violation generally means a violation of the court imposed rules and conditions of probation. However, the law specifically excludes certain conduct from the definition of a technical violation.
Those exclusions include:
Whether an alleged violation qualifies as a technical violation can significantly affect the potential consequences.
SIX MONTHS TO FIVE YEARS
Technical Violations on a Suspended Sentence
Oklahoma law limits the amount of a suspended sentence that can be revoked based on a technical violation.
For a first revocation based on a technical violation, the revocation cannot exceed six months.
For a second or subsequent revocation based on a technical violation, the revocation cannot exceed five years.
These limitations apply specifically to technical violations. Conduct excluded from the definition of a technical violation is treated differently.
LIMITS ON ACCELERATION
Technical Violations on a Deferred Sentence
Oklahoma law also limits acceleration of a deferred sentence based on a technical violation.
For a first acceleration based on a technical violation, the acceleration cannot exceed ninety days.
For a second or subsequent acceleration based on a technical violation, the acceleration cannot exceed five years. Pasted markdown
DOUBLE EXPOSURE
New Criminal Charges While on Probation
Getting arrested or accused of committing a new crime while on probation can create two separate legal problems.
You may have to defend against the new criminal charge while also facing a Motion to Revoke or an Application to Accelerate in your existing case.
Oklahoma law specifically excludes committing or being arrested for a new crime from the definition of a technical violation.
When A Smart Defense represents a client facing a new criminal charge while on probation, Alexa can evaluate both matters together and develop a strategy that takes the new criminal case and the probation case into consideration.
YOUR RIGHTS AT THE HEARING
Motion to Revoke Hearing
A suspended sentence cannot be revoked simply because a probation officer alleges that a violation occurred.
The State must identify the grounds for revocation and present competent evidence supporting the alleged violation.
After a plea of not guilty, the revocation hearing must generally be held within twenty days unless both the State and the defendant waive that requirement.
At the hearing, the defendant has the right to an attorney, the right to present competent evidence, and the right to confront the witnesses against them.
The court may revoke the suspended sentence in whole or in part. If only a portion is revoked, the court may leave the remainder suspended.
A probation violation does not automatically mean that your suspended sentence will be fully revoked or your deferred sentence will be accelerated.
The first step is determining what type of sentence you received, what violation the State is alleging, and what consequences you are facing.
Contact A Smart Defense to speak directly with Alexa about your case.
WHAT HAPPENS AT THE HEARING
Application to Accelerate Hearing
If the State alleges that someone on a deferred sentence violated the conditions of the deferred judgment, the State may seek to accelerate the sentence.
For a technical violation, the district attorney must file a petition stating the grounds for acceleration and present competent evidence justifying acceleration at a hearing. The hearing must generally occur within twenty days after entry of a plea of not guilty unless the State and defendant waive that requirement. Pasted markdown
For violations other than technical violations, the court may enter a judgment of guilt and proceed to sentencing or modify the conditions previously imposed. Pasted markdown
Because acceleration can result in a conviction and sentencing, an Application to Accelerate should be taken seriously from the beginning.
DEFENSE STRATEGIES
Defending a Probation Violation
There are different ways to defend or resolve a probation violation depending on the circumstances.
The defense may involve challenging whether the violation occurred, challenging the State's evidence, determining whether the conduct qualifies as a technical violation, presenting evidence of compliance, or presenting mitigation to the prosecutor and court.
Treatment, rehabilitation, employment, family responsibilities, compliance with other probation requirements, and the circumstances surrounding the alleged violation may all be important when seeking an alternative to incarceration.
In some cases, the goal may be dismissal of the Motion to Revoke or Application to Accelerate. In others, the goal may be continued probation, modified conditions, a limited sanction, or another resolution that avoids the most serious consequences.
WORKING WITH ALEXA SMART
Your Attorney, Not a Case Manager
When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.
Criminal charges are personal. Your defense should be too.
PROBATION VIOLATION FAQS
Frequently Asked Questions About Probation Violation
What is the difference between a Motion to Revoke and an Application to Accelerate?
A Motion to Revoke involves a suspended sentence. A suspended sentence means there is already a conviction.
An Application to Accelerate involves a deferred sentence. With a deferred sentence, the court has not entered a judgment of guilt.
What happens if my suspended sentence is revoked?
The court may revoke some or all of the suspended portion of your sentence. Different limitations may apply when the alleged violation qualifies as a technical violation.
What happens if my deferred sentence is accelerated?
For a violation other than a technical violation, the court may enter a judgment of guilt and proceed to sentencing. The court may also have the option to modify the conditions of the deferred sentence.
What is a technical probation violation in Oklahoma?
A technical violation generally involves violating a rule or condition of probation that does not fall within one of the statutory exclusions.
Certain conduct, including a new arrest or crime, specified drug testing violations, failure to pay restitution, certain reporting violations, and other conduct identified by statute is not considered a technical violation.
Can my probation be violated if I am arrested for a new crime?
Yes. Oklahoma law specifically excludes committing or being arrested for a new crime from the definition of a technical violation.
Can the judge revoke only part of my suspended sentence?
Yes. The court may revoke a portion of the suspended sentence while leaving the remainder suspended.
Can I fight a Motion to Revoke or Application to Accelerate?
Yes. The State must follow the required legal procedure and present evidence supporting the alleged violation. The defense can challenge the allegations and evidence and present evidence on the client's behalf.
Do I have to be convicted of a new charge before the State can file a probation violation?
No. Oklahoma law specifically includes being arrested for a new crime among the conduct excluded from the definition of a technical violation. A probation proceeding is separate from the prosecution of the new criminal case.
Serving Oklahoma City & Beyond
A Smart Defense represents clients in probation violation cases across Oklahoma, from the Oklahoma City metro area and beyond including Oklahoma City, Edmond, Norman, Moore, Midwest City, and the surrounding communities of central Oklahoma.
A Smart Defense represents clients facing Motions to Revoke suspended sentences and Applications to Accelerate deferred sentences throughout Oklahoma.