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PHILLIPS & ASSOCIATES Oklahoma Criminal Defense Attorneys

Oklahoma Probation Rules

November 3rd, 2011

Once again, actress/celebrity Lindsay Lohan is in trouble for violating the terms of her probation.  This time, she has been sentenced to thirty days in jail for her failure to successfully comply with her probation rules.  Though she has received a one month sentence, she will likely serve only a fraction of that time–if any–due to prison overcrowding.  However, her continued probation violation reminds us that, if sentenced to probation, it is important to strictly adhere to the terms of the probation to avoid further legal difficulties and criminal charges.  If you are convicted of a crime in Oklahoma, your lawyer can help explain the terms of your probation to make sure you understand what is expected of you and what can happen if you violate probation.

Probation is an important part of criminal sentencing in Oklahoma.  While probation may occur in addition to a jail or prison sentence, it can also be a strong negotiating tool for an Oklahoma defense attorney who may be able to achieve probation instead of prison for his or her clients.  Regardless of the reason for probation, violation of probation or parole will generally result in the revocation of the probation and the remainder of the sentence will take place behind bars.

Deferred sentencing and suspended sentencing are common sources of probation in Oklahoma.  In a deferred sentence, a conviction is postponed pending the successful completion of probation.  If the defendant abides by all the terms of the probation and commits no new crimes during the deferral, the case is dismissed and no criminal conviction appears as a result.  In a suspended sentence, all or part of the jail sentence for a conviction is “suspended,” meaning the convicted person spends the time on probation rather than in jail.  In both a deferred sentence and a suspended sentence, if you break the rules, the deal is off.  You will spend the remainder of your sentence in jail.

Common conditions of Oklahoma parole or probation include:

  • Reporting to a parole officer (for parole or supervised probation)
  • Obeying all laws
  • Inability to leave the state of Oklahoma without prior written permission
  • Not allowed to use or possess drugs or alcohol
  • Not allowed to associate or communicate with others convicted of crimes, serving probation or parole, or with criminal records (excluding immediate family)
  • Pay monthly parole fees
  • Subject to random search and/or urinalysis testing

Those convicted of sex crimes in Oklahoma face extra restrictions as part of the Oklahoma Sex Offender Registration Act, and any person on probation may be subject to special conditions including community service, alcohol or drug treatment or counseling, curfew, electronic monitoring, Victim Impact Panel, and more.

If you need help understanding your probationary terms, contact your criminal defense attorney.  Following the conditions of your probation is too important to leave to guesswork.  If you are charged with parole violation, contact your Oklahoma City criminal lawyer at once.

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PHILLIPS & ASSOCIATES Oklahoma Criminal Defense Attorneys