Asked in Criminal Law for Oklahoma

Q: Out on bail what to expect it arrignment for MTR misdemeanor. No new charge only failure to comply with rules and no pay


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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: There are a number of ways to have a motion or application to revoke or accelerate a probation filed against you in a criminal case. The worst type of violations are if you get arrested for a felony or a misdemeanor crime. These situations will almost always result in a much more severe consequence than simple rules violations.

A rules violation of probation occurs when you fail to fully comply with all of your probation or obligations, such as classes, counseling, reporting as directed by your supervising entity. This type of violation is a much preferred type of violation. In many if not most instances your attorney can consult with the assistant district attorney or prosecutor in the case to try and negotiate a deal where you are given additional time to gain full compliance. In those situations you will simply need to remedy all of the situations where you neglected to follow through and comply within this newly negotiated time period (assuming your attorney can achieve that result). When you come back on the newly negotiated court date, if you are in full compliance, often times they will dismiss the application or motion and place you right back on probation. Other times they can give you some type of punishment that might be less severe than if you had continued to fail to comply. You need to consult your attorney.

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