Probation offers an alternative path to incarceration for criminal offenders in Oklahoma. Instead of serving prison sentences behind bars, they can have a supervised release under specific court-mandated terms and conditions. However, violating these conditions will lead to severe consequences. If you have been accused of violating your probation, Pierce Law Firm, PLLC, is here to help keep you from returning to prison. Our over 30 years of criminal defense experience make us the perfect firm to handle your Norman probation violation case.
What is Probation?
The Federal Probation System states that probation, sometimes called community supervision, allows first-time offenders who have pleaded guilty or convicted of misdemeanors and non-violent crimes to serve their sentence, or a part thereof, outside of jail. Probation is not a right but a privilege. It is granted to those offenders who meet the requirements provided by the federal and state laws. Probation is intended to allow low-risk offenders to serve their sentence out-of-court, retaining their livelihood.
The court may release the offender on probation subject to stringent regulations that must be complied with. Otherwise, the offender may return to jail and serve his remaining sentence.
Technically, probation is a way of serving a sentence instead of imprisonment. During probation, probationers often forget they are still serving their sentences outside prison. Concomitantly, they may violate the terms of their probation, resulting in the revocation of their probation, potential jail time, extended probation terms, or payment of a fine.
Failure to Appear in Court
During probation, offenders must appear at the court’s scheduled hearings. Usually, these court hearings are merely status hearings to monitor the probationer’s progress. This is the most common violation that results in the revocation of the probation or extended probation terms.
Committing new criminal offenses while on probation is a serious violation. It not only leads to the revocation of probation but also additional criminal charges, depending on the nature and severity of the crime. This violation directly contradicts the purpose of probation, which is to demonstrate that the offender is a low-risk violator who can be reintegrated into society after serving their sentence.
Failed Drug Test
One of the conditions of serving probation is abstinence from drug abuse. During the probation period, the probationer is subjected to scheduled or random drug tests as well as substance abuse counseling and treatment in some cases.
Participation in court-ordered programs is a key part of the probation process. These programs, which can include substance abuse counseling, anger management treatment, and parenting classes, are designed to help the offender reform and are a condition of probation. Failure to attend these programs can lead to the revocation of probation, underscoring their importance.
Failure to report
As a condition for probation, mainly supervised probation, the probationers must report to the probation officers at a predetermined schedule. Instead of physically reporting to probation officers in Oklahoma, probationers may check in at AB Kiosks in different areas. Checking in one of the kiosks is deemed an appearance or report before a probationary officer.
Probation Violation Help is Available
Probation is a serious matter. The stringent conditions of probation allow offenders to prove that incarceration is no longer necessary and that they can be immediately reintegrated into society after serving their sentence. If you’re accused of probation violations, the attorneys at Pierce Law Firm will evaluate your case and create a plan to defend you from severe consequences. Contact us today to discuss your case.