One Mistake Can Reshape Your Entire Future
When facing criminal charges or after serving time in prison, understanding your options for release is critical. In Oklahoma, both probation and parole allow individuals to live in the community under supervision—but they are very different legally and procedurally. Confusing the two can lead to costly mistakes, such as violating conditions that might send you back to jail. Knowing how probation and parole work can help you protect your freedom and plan your next steps wisely.
Parole + Probation Differences in Oklahoma: Summary Answer
Probation is a court-ordered sentence served instead of prison time, where you remain free but must follow specific conditions. Parole, on the other hand, is an early release from prison granted by the Oklahoma Pardon and Parole Board after you have served part of your sentence. Both require compliance with conditions, but probation is part of your original sentence, while parole is discretionary and depends on board approval. Violations of either can lead to imprisonment.
What Is Probation and How Does It Work in Oklahoma?
Probation is a sentence imposed by a judge instead of incarceration.. Typically, probation is negotiated during plea agreements or imposed after a conviction. Once probation is part of your sentence, you are allowed to live at home, work, and participate in the community under court supervision.
Probation conditions may include regular meetings with a probation officer, drug testing, community service, and avoiding further criminal activity. If you fail to meet these requirements, the prosecutor can file a motion to revoke probation, leading to a hearing where the court may impose the original prison sentence. Okla. Stat. tit. 22 § 991a.
What Is Parole and How Is It Different?
Parole differs greatly from probation because it is not part of the original sentence but a privilege granted after serving time in prison. parole eligibility depends on the offense and time served. To receive parole, an inmate must apply to the Oklahoma Pardon and Parole Board, meet eligibility criteria, and participate in a hearing.
The Board votes on whether to grant parole, and for violent offenses, the Governor’s approval is also required. Okla. Stat. tit. 57 § 332. Once released on parole, the individual must comply with conditions similar to probation. Violation of parole conditions can result in being sent back to prison without a new trial.
Procedural Context: How You Navigate Probation and Parole in Oklahoma
Probation begins immediately after sentencing and is supervised by the court. If violations occur, the court holds revocation hearings. Parole, in contrast, begins after an inmate serves a portion of their sentence and is supervised by the Oklahoma Department of Corrections. The parole process involves application, a hearing before the Board, and possible approval by the Governor for serious offenses. Both processes include reporting requirements and sanctions for violations.
Exceptions and Complications to Watch For
- Violent Offenses: Parole for violent crimes requires gubernatorial approval, making it harder to obtain.
- Mandatory Minimums: Some sentences have mandatory prison terms without probation eligibility.
- Probation Revocation Risks: Even minor violations of probation conditions can lead to revocation hearings and imprisonment.
- Parole Board Discretion: Parole is not guaranteed; the Board can deny release even if eligibility requirements are met.
Real-World Example: Navigating Parole and Probation
Consider John, convicted of a non-violent offense in Oklahoma. The judge sentences him to five years but suspends three years and places him on probation for that period. John must meet regularly with his probation officer and avoid any new legal trouble. If John violates his probation, such as missing meetings or failing drug tests, the court can revoke his probation and require him to serve the suspended prison time.
In contrast, Mary serves two years of a ten-year prison sentence for a felony. After applying to the Pardon and Parole Board and attending a hearing, she is granted parole and released early. Mary must follow parole conditions, including employment and regular check-ins. If she violates any terms, she risks being sent back to prison.
Next Steps
If you are facing sentencing, consider whether probation is an option and understand the strict conditions you must follow. If you or a loved one is incarcerated, learning about parole eligibility and the application process can be crucial for early release. In either case, having a knowledgeable Oklahoma City attorney to advise you on your rights and responsibilities can make a significant difference in the outcome.
Contact Wirth Law Office for Help With Oklahoma Probation and Parole
If you need legal help navigating probation or parole in Oklahoma, call Wirth Law Office – Oklahoma City at (405) 888-5400. Our experienced criminal defense attorneys can guide you through the process and help protect your rights every step of the way.
