PROBATION IN STATE COURT
I would recommend John, he is an excellent attorney! – Deborah Kay
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.