The state of Oklahoma has a well-deserved reputation for being tough on crime. Probation violations are taken very seriously, and if you’re being accused of violating the terms of your probation, don’t wait. Get probation violation defense from a qualified and experienced Oklahoma City criminal defense lawyer. At Cannon & Associates, we’re your Fierce Advocates® when it comes to criminal defense.
Probation Violations Defense From an Oklahoma City Lawyer
There are two primary types of probation violations, and your defense will depend on which one you’re dealing with: technical violations or substantive violations.
Technical violations occur when the probationer fails to comply with the specific terms set by the court, such as by missing a meeting with a probation officer or failing a drug test. Substantive violations happen if a probationer commits a new crime while out on probation. Both types of violations are serious, but for obvious reasons, substantive violations are generally treated more harshly.
Immediate Consequences
Upon suspicion of a probation violation, a probation officer may file a violation report with the court. In many cases, this means an arrest warrant will be issued for the probationer. Once they are arrested, the individual may be held in custody until a probation violation hearing is scheduled, and during this hearing, a judge will determine whether a violation occurred, and, if so, decide on the appropriate penalties.
Typical Penalties
In most cases, the judge will consider extending the probation period, imposing additional probation terms, requiring mandatory participation in rehabilitation programs or community service, setting fines, or even revoking the probation entirely and sending the offender back to prison.
If a probationer was serving a deferred sentence, the judge is likely to grant what’s called a Motion to Accelerate (MTA), which moves up the process. This means the probationer will be quickly convicted and sentenced. So, for example, if you accepted a plea deal for a crime that normally carries a jail term of five years, and you agreed to plead guilty for deferred sentencing in exchange for three years probation, if you violate probation after two and a half years, you are likely to be sentenced to the entire five-year term, and none of the time spent in probation counts against it.
Obviously, it’s not possible to say in advance what consequences will be given to any particular probationer because the consequences always depend on the nature of their violation, the individual’s criminal history, and their overall behavior while they’ve been on probation.
Aggravating Factors and Enhanced Penalties
Certain factors can exacerbate things quite a bit. For instance, if a probationer commits a new criminal offense while on probation, that steps things up and usually means not only the immediate revocation of the probation and re-imposition of the entirety of the original sentence, but also a new trial for a new crime where, if the person is found guilty, they can expect no leniency.
Filing to appear at a scheduled court hearing, repeatedly violating probation terms, or showing a pattern of non-compliance are also serious issues and can bring down all the harsher penalties. If you’re on parole, remember that judges have significant discretion in determining the consequences of a probation violation, and they will want to look at your overall behavior both before and during probation, the nature of your original offense, and the circumstances of any parole violation in making their decision. It also matters how the case is brought to them, and that’s where it matters that you have a skilled Oklahoma City lawyer on your side.
Defense Strategies for Probation Violations
It’s not simple to challenge a probation violation because the courts are predisposed against you. Remember, if you commit a new crime while on probation, you don’t have to actually be convicted of that crime to have your probation terms rescinded. The fact that you’ve been charged is enough to get you put back in jail while they investigate.
It’s never wise to try to fight the criminal prosecution system on your own. Your lawyer will help you mount the best defense possible and may use some of the following strategies, though you should talk with your lawyer directly about the specifics of your case as soon as possible:
Challenging the Evidence
The first thing to try is often to challenge the evidence presented by the prosecution, but remember that all the prosecution has to do here is prove that a violation occurred by a “preponderance of the evidence,” which is a lower standard than the “beyond a reasonable doubt” standard that’s used in criminal trials. In other words, they don’t have to actually prove you did it so much as show that it’s more likely than not that you did it. Your lawyer will try to find inconsistencies or weaknesses in the evidence, which can be effective at times.
Offering a Justification
Another defense strategy is to provide a justifiable reason for the alleged violation. For example, if you missed a meeting with your probation officer due to a medical emergency or because your car broke down, then presenting documentation or witness testimony to prove this claim can be a good defense.
Demonstrating Cooperation
Even if there was a violation, if you can demonstrate that in general you’ve made every effort to comply with your probation terms by attending all required programs or maintaining regular employment, this can often go a long way towards convincing a judge to view a minor violation as an exception and show some leniency.
What to Expect at the Hearing
A hearing for a probation violation is quite different from a regular criminal trial. It does take place in a courtroom and in front of a judge, but there won’t be a jury present. Instead, the judge will review the evidence and determine whether it seems likely that you did violate the terms of your parole. If you’re being charged with committing a new crime while on parole, bear in mind that this hearing is separate from the trial you’ll go through on the new charge.
At the hearing, both the prosecution and your defense attorney will be allowed to present their cases. Normally, the probation officer first offers evidence of the alleged violation. They may be relying on witness testimony, reports, video evidence, and any other relevant documentation. The probationer, with their attorney, can then challenge this evidence and present their own evidence and witnesses or offer a justification or mitigating factors for the violation, if those apply.
Avoiding the Problem Entirely
Obviously, the best way to avoid a charge of probation violation is to obey the law and carefully follow all the terms of your probation. That said, however, it’s not unheard of for probationers to be falsely charged with violations, often due to misunderstandings. One of the best ways to keep this from happening is to communicate openly with your probation officer. If any issues arise – if, for example, you’re too ill to go to work one day – proactively tell your probation officer about this and ask for their help.
If you or someone you love has been charged with probation violation, contact us at Cannon & Associates in Oklahoma City and Edmond, OK right away for experienced criminal defense.