If you’ve been arrested for a misdemeanor, you probably have questions. Can I get probation? What does misdemeanor probation involve? How long will it last? And if you’re already on probation, there are still plenty of reasons you might still need an experienced attorney. Let’s break down what misdemeanor probation means, the different types, and what happens if you violate it. Knowing your options and what to expect can help you stay out of jail and successfully complete your probation.
What Is a Misdemeanor?
In Oklahoma, a misdemeanor is a crime that’s less serious than a felony. Misdemeanors can still carry significant penalties, but they usually result in shorter jail sentences (typically less than a year) or probation. Common misdemeanors in Oklahoma include crimes like trespassing, shoplifting, vandalism, or disturbing the peace. These offenses are punishable by probation because they don’t involve serious violence or major harm to others.
What Is Misdemeanor Probation?
Misdemeanor probation is a sentencing option that allows someone convicted of a crime to stay out of jail. Instead of serving time behind bars, you’re allowed to live and work in your community under specific conditions, which can range from simple fines to regular check-ins with a probation officer. If you follow the rules, you can avoid jail.
The idea behind probation is to help offenders learn from their mistakes without the harsh consequences of jail time. The court is essentially giving you a second chance. But it’s important to remember that probation comes with strict rules, and failing to follow them can lead to trouble.
Types of Misdemeanor Probation
There are different types of misdemeanor probation in Oklahoma, each with its own rules and level of supervision. The type you’re sentenced to depends on the nature of your crime and your criminal history.
Unsupervised Probation
Unsupervised probation is the lightest form of misdemeanor probation. It’s typically given to people who commit low-risk, non-violent crimes, like trespassing, disturbing the peace, or minor theft. If you’re on unsupervised probation, you don’t have to regularly check in with a probation officer (PO). Instead, you’ll likely just need to fulfill requirements including:
- Paying fines or court fees
- Signing an agreement with the court to avoid any new crimes
- Notifying the court if you’re questioned or arrested again
While you won’t need to report to a PO, you can get in trouble if you’re arrested for another crime. You should avoid associating with anyone involved in criminal activity while you’re on unsupervised probation.
Supervised Probation
Supervised probation involves more structure and oversight and is given for more serious offenses or for people who have violated the terms of previous probations. If you’re placed on supervised probation, you’ll have to meet many more requirements than unsupervised probation. Some of the most common supervised probation requirements include:
- Reporting to your PO at least once a month
- Living in an approved residence
- Allowing your PO to visit your home
- Maintaining employment
- Not associating with known criminals
- Paying fines, restitution, or both
- Attending treatment programs
- Completing community service
- Not leaving the district without permission
- Not possessing a firearm
- Not drinking alcoholic beverages or using recreational drugs
With all these rules, it’s easier to violate supervised probation than unsupervised. A misdemeanor probation violation at this stage could lead to jail time or more restrictive probation terms.
Treatment Courts
Treatment courts are a type of supervised probation specifically designed for people struggling with addiction. These courts focus on rehabilitation instead of punishment. If you’re dealing with drug or alcohol issues and have committed a non-violent crime, like drug possession or driving under the influence (DUI), you may be eligible for drug court or a diversion program.
Drug courts are for non-violent felony drug offenders, while DUI diversion programs focus on first-time offenders. Both programs require participants to follow strict treatment plans, including counseling and regular drug or alcohol tests. While the focus is on helping offenders recover, failing to complete the program or breaking any rules can result in jail time.
Community Control
Community control, also called house arrest, is the strictest form of misdemeanor probation. This is the type of probation where you’ll have to wear an ankle monitor that tracks your location. Your movement will be heavily restricted, although you’ll be allowed to go to work and doctor’s appointments. It’s a common form of probation for those who have a regular job and support a family, so that they can continue to do so under supervision.
If you’re on community control, you’ll have to follow similar requirements as supervised probation, in addition to wearing your ankle monitor. And even minor violations can result in serious consequences, including jail time.
Common Sentence Types That Involve Probation
Probation isn’t a one-size-fits-all situation. There are not only different types of misdemeanor probation, but also different sentencing options a judge can choose. Depending on your crime and criminal history, the court might sentence you to probation in a few different ways.
Deferred Sentences
A deferred sentence means the court delays entering a conviction. Instead, you’ll serve probation first. If you successfully complete it, your charges will be dismissed and partially expunged. Deferred sentences are often available to first-time offenders with no prior felony convictions, and are especially common for people facing misdemeanor charges related to drugs or DUIs.
Suspended Sentences
With a suspended sentence, you plead guilty, but the court delays sending you to jail. Instead, you’ll serve probation. Suspended sentences are usually paired with supervised probation and come with strict conditions. If you violate these conditions, you’re more likely to end up in jail compared to a deferred sentence. You’ll also have a misdemeanor conviction on your record, but you’ll be able to expunge it after a certain amount of time.
Split Sentences
A split sentence is a “middle ground” that involves both jail time and probation. You’ll serve part of your sentence in jail and the rest on probation. It’s usually given to more serious offenders or for repeat misdemeanors. If you violate probation after a split sentence, you’ll likely be sent back to jail to complete your original sentence.
How Long Does Misdemeanor Probation Last?
In Oklahoma, misdemeanor probation usually lasts between one and three years. However, depending on the case, probation can last up to five years. If you follow the conditions of your probation and stay out of trouble, you might be able to end your probation early.
For example, in some counties your attorney can petition the court if you’ve successfully completed at least one year of probation, or your PO can request it after you complete one-half of your probation term. Keep in mind that it varies by district and not all cases qualify for early release. Follow the terms of your probation as strictly as possible to increase your chances.
Will I Get Probation for a Misdemeanor?
Probation is most commonly given to people convicted of non-violent misdemeanors who don’t have an extensive criminal history. Common crimes that often result in probation include:
- Shoplifting or larceny
- Trespassing
- Malicious injury to property (vandalism)
- Embezzlement
- Driving under the influence
- Drug possession
If you’ve been arrested for one of these offenses and don’t have a criminal record, there’s a good chance the court will consider misdemeanor probation instead of jail, especially if you’re a juvenile. Judges are also more likely to grant probation to offenders who are contributing to society, such as those who are employed, paying child support, or supporting a family.
What Happens If I Violate Probation?
A misdemeanor probation violation is when you break any of the conditions the court has set for you. This can happen in many ways, such as failing to pay fines, missing meetings with your probation officer, or committing another crime. When you violate probation, the court has a few options for what happens next.
First, the court may file an application to accelerate. This means that if you were on a deferred sentence, the court could change it to a suspended sentence. This means that you’ll now have a conviction on your record, but you’ll still avoid jail time.
If you’re already serving a suspended sentence, the court could file an application to revoke your sentence entirely. This is more serious because it means the court will cancel your probation and send you to jail.
Will I Go to Jail for a Probation Violation?
Whether or not you’ll go to jail for a misdemeanor probation violation depends on several factors. Minor violations, like failing to pay fines, might not result in jail time, especially if your attorney can prove you didn’t have the ability to pay. If you’re not able to maintain employment, your attorney might argue that you’re trying to comply with probation and just need more time to find a job.
On the other hand, more serious violations like committing another crime or failing to complete your drug or alcohol courses can lead to jail time. How the court responds will depend on the facts of your case and your criminal history.
If you’re facing a probation violation, it’s important to get legal advice quickly. Working with an attorney can help minimize the consequences of a misdemeanor probation violation and keep you out of jail.
Get Help From an Experienced Attorney
If you’ve been arrested for a misdemeanor or are facing a probation violation, having an experienced attorney on your side can make a big difference in your case. At Khalaf Law Firm, we understand the Oklahoma legal system and can help guide you through the process. Contact us today for a free case evaluation and learn how we can help you.