Probation Violation Warrants in Oklahoma

What Is a Probation Violation Warrant?

“Probation violation warrant” is a practical way to describe an arrest or bench warrant issued in connection with a criminal case while the person is serving a deferred or suspended sentence. It is not a finding that probation was violated and it does not decide what punishment, if any, will result.

The warrant gives law enforcement authority to take the person into custody and bring the case before the court. The underlying probation proceeding still has its own burden of proof, defenses, hearing rights, and limits on what the judge can do.

Why Is a Warrant Issued in a Probation Violation Case?

A warrant gives the court a way to bring the defendant before it after an alleged probation violation has been filed. In a suspended sentence case, an Application to Revoke will involve a warrant in addition to the revocation proceeding itself.

Deferred sentences use a different procedure. When prosecutors file an Application to Accelerate, an arrest warrant is also ordinarily issued so the defendant can be brought before the court to answer the allegation.

Another warrant can be issued later if someone fails to appear for a scheduled hearing. That failure to appear warrant is procedurally different from the original probation warrant, even though both may exist in the same criminal case.

A Probation Warrant Does Not Prove the Violation

A judge's decision to issue a warrant is not a decision that the State has proved the alleged probation violation. The warrant deals with custody and getting the defendant before the court; the merits of the violation are decided separately.

For a suspended sentence, prosecutors still have to establish the grounds alleged in the Application to Revoke by a preponderance of the evidence. A deferred sentence also requires the court to determine what violation was proved and whether the violation is technical or nontechnical before the legal consequences can be determined.

This becomes especially important when the alleged violation is a new criminal accusation. An arrest on a new case can produce a probation warrant, but an accusation and an arrest are not the same thing as proof that the person committed the new offense.

An Application to Revoke and the Warrant Are Related but Different

An Application to Revoke tells the court what probation condition the State claims was violated and asks the judge to revoke some or all of a suspended sentence. The warrant authorizes the defendant's arrest so the revocation proceeding can be brought before the court.

The warrant does not determine how much suspended time is at risk. Technical and nontechnical violations are treated differently, and the amount the court can revoke depends on the original sentence, the violation proved, prior revocations, applicable statutory limits, and any offense-specific law that changes the general rule.

The warrant also does not replace the revocation hearing. After a not guilty plea or a general denial to the revocation petition, Oklahoma law requires the hearing to be held within twenty days unless both the State and the defendant waive that deadline. It is often in the client’s best interest to waive that twenty day hearing deadline to allow the attorney to negotiate with the State and it allows the client an opportunity to get back into compliance.

Deferred Sentences and Applications to Accelerate

A deferred sentence does not yet include an ordinary judgment of guilt, so an Application to Accelerate presents a different legal problem from revocation of a suspended sentence. A warrant can still place the defendant in custody while the court addresses the alleged violation.

The classification of the violation is particularly important after Oklahoma's changes to technical violations. A technical violation of a deferred sentence is subject to statutory limits and does not automatically authorize the court to enter a judgment of guilt and sentence the defendant on the original charge.

The warrant itself does not answer that question. The Application to Accelerate, the original deferred sentence, the probation conditions, and the evidence supporting the alleged violation have to be reviewed together.

A New Criminal Case Creates More Than One Warrant Problem

Someone on probation who is accused of a new crime faces two proceedings at the same time. The new criminal case has its own arrest, bond, and prosecution issues, while the older case can produce an Application to Revoke or Application to Accelerate and a separate probation warrant.

Posting bond or obtaining release in the new case does not necessarily clear the probation warrant. The reverse is also true: resolving the probation warrant does not dispose of the new criminal charge.

The two cases also use different burdens of proof. The State must prove a new criminal charge beyond a reasonable doubt at trial, while the alleged conduct can be litigated under the lower burden that applies to the probation proceeding.

If police want to question you about alleged new criminal conduct, you should decline to answer questions and ask to speak with an attorney. Statements made after arrest can affect both the new prosecution and the probation case.

Can a Probation Warrant Be Served Anywhere in Oklahoma?

Oklahoma law generally permits state warrants to be served in any county in Oklahoma. Moving to another county, working somewhere else in the state, or simply staying away from the courthouse does not make an outstanding warrant ineffective.

A warrant can result in arrest during an ordinary encounter with law enforcement, including a traffic stop or another situation in which officers discover the outstanding warrant. Once the warrant is confirmed, the immediate issue becomes custody and getting the defendant before the appropriate court.

This is one reason an outstanding probation warrant should not simply be ignored. Knowing about the warrant before an unexpected arrest gives the defendant and the lawyer an opportunity to determine what was filed, what bond was set, and what other cases or warrants need to be addressed.

What Happens After Someone Is Arrested on a Probation Warrant?

After arrest, the defendant can be booked into jail and brought before the court handling the probation case. The next steps depend on whether the proceeding involves revocation of a suspended sentence, acceleration of a deferred sentence, a failure to appear, or another type of warrant.

The court record needs to be checked for the application, warrant, bond amount or hold status, hearing dates, and any related new criminal case. A person may also need appointed counsel or retained counsel before the probation allegation is resolved.

Being arrested does not convert the allegation into a proven violation. The prosecution still has to proceed under the rules that govern the particular probation case.

Will There Be a Bond on a Probation Warrant?

Probation warrants do not all carry the same bond. Courts issue warrants with different bond amounts depending on the case. The court can also address bond after the person appears. Bond may be continued, changed, reduced, increased, or otherwise addressed by the judge as the probation proceeding moves forward, depending on the circumstances and applicable law.

Some court records reflect a hold without bond rather than a preset amount. A person who knows about an outstanding warrant should determine the actual bond or hold status before assuming that posting a particular amount will result in immediate release.

Tulsa County Allows Some Probation Warrants to Be Cleared Without Booking Into Jail

Tulsa County has an important local procedure that can make a substantial practical difference when an Application to Accelerate or Application to Revoke has been filed and the warrant has a bond that can be posted.

When that procedure is available, the person can go to the second floor Criminal/Traffic counter at the Tulsa County courthouse with a bail bonds person. The bond can be posted there, and the warrant can be cleared without requiring the person to surrender at the jail and go through the normal booking process.

I consider this an important issue to check before a client simply turns himself or herself in on a Tulsa County probation warrant. If the warrant qualifies for this procedure, handling the bond through the courthouse can avoid an unnecessary jail booking while still bringing the person into compliance with the warrant.

This is a Tulsa County procedure, not a rule that should be assumed to apply in every Oklahoma county. The warrant, bond amount, court docket, and current status of the case should be confirmed before relying on this option.

Can the Court Change or Recall a Probation Warrant?

A warrant remains subject to the authority of the court that issued it. Depending on the circumstances, a lawyer can ask the court to address the warrant, bond, or manner in which the defendant appears, but the court is not required to recall a warrant simply because the defendant requests it.

Whether the warrant can be handled without an unexpected arrest depends on the reason it was issued, the allegations, the person's appearance history, the court's orders, and other circumstances. In Tulsa County, the courthouse bond procedure discussed above can also provide a way to clear certain probation warrants without jail booking when a bond has been set and the warrant qualifies for that procedure.

The existence of a possible request to recall or modify a warrant should not be confused with the merits of the probation case. Even if the custody issue is resolved, the Application to Revoke, Application to Accelerate, or other pending allegation still has to be addressed.

A Failure to Appear Can Create Another Warrant

A person who is released after a probation warrant still has to appear at the hearings ordered by the court. Missing a later arraignment, status hearing, or other required appearance can result in another bench warrant.

That creates an additional problem because the original probation allegation remains pending while the court is also dealing with the failure to appear. A bond that previously secured release can also be affected when the defendant does not return as ordered.

Court dates should be confirmed from the actual order or docket rather than from memory. When a continuance or rescheduling occurs, the new date becomes just as important as the original appearance.

Does a Probation Warrant Disappear When the Sentence Would Have Ended?

A person should not assume that an outstanding revocation matter disappears simply because the calendar reaches the original end date of a suspended sentence. In a suspended sentence case, the State must file its revocation petition before the sentence expires for the court to retain authority to revoke it.

A timely filed petition preserves the revocation proceeding even though the hearing or other court action may occur later. The filing date, original judgment and sentence, expiration date, and prior revocation history need to be checked before concluding that the court has lost authority.

A petition filed after the suspended sentence has already expired presents a different issue. Oklahoma appellate courts have reversed revocations when the State failed to file the application before expiration of the sentence.

A Failure-to-Pay Warrant Is a Different Problem

A warrant connected to unpaid fines and court costs should not automatically be treated as an Application to Revoke warrant. Oklahoma law also provides that failure to pay fines and costs cannot serve as the basis for revocation without a finding of willful nonpayment.

Someone who lacks the ability to pay is legally different from someone the court finds had the ability to pay and deliberately refused. Restitution has separate rules and should not be combined with fines and costs as though every unpaid obligation were the same.

I always tell my clients to contact the court clerk when they are unable to pay their fines and costs. Communication about the inability to pay can prevent a failure-to-pay problem from turning into a warrant that could have been avoided.

What Should You Do If You Learn There Is a Probation Warrant?

Ignoring the warrant does not resolve the probation allegation or prevent an arrest. The warrant, underlying application, bond or hold status, original sentence, hearing schedule, and any related new criminal case should be identified before deciding how to address it.

A lawyer can review those records and determine what the court is actually being asked to do. In Tulsa County, one of the first practical questions is whether the warrant has a bond that can be posted through the courthouse procedure without requiring jail booking.

If the warrant is based on a new criminal accusation, the new case should be reviewed at the same time. Decisions made in one case can affect the other even though the prosecution and probation proceeding remain legally separate.

What Needs to Be Checked in a Probation Warrant Case?

The warrant itself is only one part of the case. A meaningful review normally includes the document that caused the warrant to issue, the original sentence, the conditions of probation, and the current court docket. Important questions include:

• Is the warrant tied to an Application to Revoke, an Application to Accelerate, a failure to appear, or another court order?
• What exact probation violation is alleged?
• Is the original sentence deferred or suspended?
• Is the claimed violation technical or nontechnical?
• What bond or hold status appears on the warrant?
• In Tulsa County, can the bond be posted at the courthouse without jail booking?
• Has another criminal case been filed?
• Are there separate warrants in the new and old cases?
• Was a revocation petition filed before the suspended sentence expired?
• Has there been an earlier revocation, acceleration, or technical sanction?
• What hearing dates and appearance requirements are currently pending?

Those questions affect both the immediate custody problem and the underlying probation case. Resolving the warrant is important, but the defense also has to address whether the State can prove the violation and what Oklahoma law permits the court to do if a violation is established.

Frequently Asked Questions About Oklahoma Probation Warrants