Those convicted of misdemeanors in Oklahoma may receive probation in lieu of jail time as part of their sentence; convicted felons may be granted parole as a condition of early release from prison. Both probation and parole are ruled by strict guidelines; failure to comply with the terms of release can result in having probation revoked, requiring incarceration for the remainder of the sentence.
For those accused of parole violations, a motion to revoke (MTR) can be a stressful proceeding. Having once been released from prison, a person facing the prospect of being sent back as a result of a seemingly minor mistake would often do anything to avoid being a prisoner once again. If you have been accused of a technical violation or direct violation of your parole or probation, hiring an Oklahoma parole violations lawyer is a critical step in fighting to maintain your freedom. Though the specific terms of release will vary according to each crime and each unique sentence, there are certain commonalities in all cases. Common requirements of parole or probation include:
- Reporting to a parole officer or probation officer
- Avoiding association with known criminals
- Refraining from drug or alcohol use
- Paying restitution to victims
- Notifying authorities of change in residency
- Attending mandated counseling or treatment programs
- Remaining in the state of Oklahoma unless permission has been granted to leave
- Obeying all laws
Probation and parole often include the prohibition of gun ownership, mandatory drug testing, and payment of monthly parole fees. If you are found to be in violation of any of the terms of your probation or parole, your sentence may be accelerated or your probation be revoked. In the case of a deferred sentence, a judge delays rendering a guilty verdict and assigns probation, allowing a person the opportunity to avoid jail and a criminal conviction.
If the defendant successfully complies with the terms of his or her probation, a guilty plea is stricken, the case is noted as dismissed, and the defendant is eligible for record expungement. If the defendant does not adhere the probation rules, prosecutors may file an application to accelerate, which may result in modified probation terms, additional sanctions, or incarceration. With a suspended sentence, a judge finds a defendant guilty, but sentences the defendant to probation rather than jail.
If the convicted person violates parole, the state will file an application to revoke probation, remanding the person to jail or prison for the duration of the sentence. If you or someone you love has been accused of parole violations or parole violations, you may have options to stop a motion to revoke. Contact an attorney experienced at handling Oklahoma parole violations to see what strategies may be available to you.