Probation in State Court
Over ninety-five percent of criminal cases in Oklahoma state courts are resolved without a trial. A Seasoned criminal defense attorney can help you seek a dismissal or the best possible outcome of your case prior to risking your freedom at trial. The vast majority of cases are resolved by plea agreement between the prosecution and the Defendant, with the assistance of criminal defense counsel. Not only is it critical to have an experienced criminal defense lawyer to assist you in reaching the best possible outcome in your case, it is equally important to have experienced criminal defense attorney if you are accused of violating a condition or multiple conditions of your existing probation.
The first step to help seeking a resolution of your case that does not involve jail or prison time is to hire an experienced Oklahoma criminal defense attorney. CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing criminal charges or probation violations in Oklahoma. Once you have hired an Oklahoma Criminal Defense Attorney, you can begin to build your defense, tell your story, and seek the best possible outcome in your case.
Protections in Criminal Case
No proceeding in state court affords a party more protections than a criminal defendant prior to a verdict or entry of a plea agreement. The government has the only burden, period. The government must prove your guilt beyond a reasonable doubt for each element of any offense charged. However, upon entry of a plea agreement a criminal defendant forfeits or gives up many rights, including the government’s burden of beyond a reasonable doubt to prove your guilt.
Types of Criminal Probation
There are three versions of probation, which a criminal defendant may entered into upon a plea agreement:
- Deferred sentence,
- Suspended sentence, and
- Sentence suspended in part.
A deferred sentence is exactly what it sounds like; the Defendant’s sentencing date is deferred or delayed, contingent upon successfully completing and/or complying with all conditions of probation. The Defendant’s case will be dismissed and you may seek an expungement of your case, upon successfully reaching the sentencing date without an alleged violation.
A suspended sentence is a conviction with a period of incarceration, in jail or prison; however, the defendant’s incarceration or service of their sentence is suspended or postponed, contingent upon successfully completing and/or complying with all conditions of probation. A suspended sentencing is similar to a deferred sentence; however, the defendant is convicted upon entering a plea. The benefit of a suspended sentence is the opportunity to avoid imprisonment/jail time. Upon completing the period of suspension, you cannot be incarcerated for your conviction.
Suspended in part sentence includes incarceration and probation. Upon being released from the period of incarceration/jail time, the defendant will have a suspended period of his/her sentence. Upon reaching the completion of the suspended portion, a defendant cannot be incarcerated for the conviction. It is imperative you retain experienced criminal defense counsel to protect your rights and advise you of all your options at each phase of the judicial process of Oklahoma state court criminal proceedings.
Probation Violations in Oklahoma
Upon entering probation, you forfeit many of your rights, including the right to a trial by your peers. The prosecutor has the authority to file an Application to Accelerate your sentencing date, on a deferred sentence, and an Application to Revoke your probation, on a suspended sentence, for any violation they believe you have committed.
The process is more administrative than judicial, as the determination as to whether you did or did not violate your probation is a technical determination. At hearing, the prosecutor need only present a limited amount of evidence to meet the low burden of proof that you violated probation, and your deferred sentence can turn into a conviction or you can be sentenced to jail or prison.
It is crucial you obtain experienced counsel, if faced with the harsh reality of contesting a probation violation, to assist you through your options and presenting all the defenses available to you. There are multiple options to consider with an experienced attorney before exercising your right to a contested hearing before a judge, in which you do not know the outcome.
Our firm will do everything possible to defend your freedom and your future, including seeking the best possible terms of probation, if you do not want to take your case to trial. When facing criminal charges in Oklahoma; threating your future, finances, and freedom, contact CANNON & ASSOCIATES in Oklahoma City for your defense.
Every crime in Oklahoma carries jail or prison time, a reality, which far too many criminal defendants come to realize at some point. As a former prosecutor, John knows being charged with a crime does not mean you are guilty. You have the right to the presumption of innocence and representation by the best criminal defense attorney you can find. However, sometimes the best defense is seeking probation or a resolution of your case without jail or prison time.
John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, as evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES today for a free confidential consultation.
Our Client Reviews
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"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
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"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
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"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."