Understanding Probation Violations and Their Consequences
Hello, I’m Oklahoma City criminal attorney Gunner Briscoe with Wirth Law Office. I primarily handle criminal matters, and in the criminal justice world, many cases result in probation.
A common question I get is: What happens if you mess up while on probation? The state may claim you violated probation for a variety of reasons—anything from getting arrested on a new charge, to technical violations such as:
-
- Failing to pay required fees,
-
- Testing positive for drugs or marijuana,
-
- Failing to report to your probation officer.
So, what happens then? There are a number of possible outcomes, and much depends on whether you’re on a deferred sentence or a suspended sentence.
Potential Outcomes for Probation Violations
One possible response is a sanction, which can apply to both deferred and suspended sentences. A sanction might include:
-
- Community service,
-
- Jail time,
-
- Or any other penalty ordered by the court or agreed upon with the State.
A successful sanction generally dismisses the application to accelerate or revoke your sentence, and you’re allowed to continue probation in compliance.
Handling More Serious Violations
For more serious or repeated violations, such as:
-
- Absconding (not reporting for 90 days or more),
-
- Being charged with a new crime,
-
- Multiple technical violations,
You may face more serious consequences. If you’re on a deferred sentence, the State may file an application to accelerate your sentence to a conviction.
If you negotiate with the State or work it out with the judge, you might receive a suspended sentence and continue probation—but now with a conviction on your record. Alternatively, you could accelerate to a fine, pay it, and close the case—but a fine is still a conviction.
Understanding the Risks of Suspended Sentences
If you’re already on a suspended sentence, it cannot be accelerated again. The State may seek to revoke your suspended sentence entirely, which could lead to jail or prison time, depending on whether it’s a misdemeanor or felony.
At this stage, negotiating a sanction is often your best option. If that fails, you’ll need to go to a revocation hearing, where the State will present evidence of the alleged violation, and you’ll have the opportunity to defend yourself.
Probation violations are serious, and it’s important to have legal representation to protect your rights and guide you through the process. Wirth Law Office is ready to help you with your probation violation case. Reach out to us—thank you.
Schedule a Low-Cost Consultation
Don’t navigate probation violations alone. Call Oklahoma City probation violations attorney Gunner Briscoe today at 405-888-5400 to schedule a low-cost consultation and discuss your case with an experienced attorney.
