Legal Question in Criminal Law in Oklahoma

husbands out come of jail time

my husband was convicted 5/99 for possession of marajuana w/intent to dist it is listed on his record as (2nd offence?) he was sentenced to 2 years d o c he paroled out 9 mo later orderd to serve 40 hours comm service (was completed) report in once a mo. 8 mo after his release local office d o c lost his file when their office moved told him they would call him.

2003 he was charged with bogus check more than 50 under 500 restitution was made in a lump sum sentence was for 1 yr deferred 1 mo before he was to be released they cited him for a probation violation- failure to pay court cost and sent him to d o c . my question can the county where he never finished paying his court fees or parole officer-because they lost his record) hold him over and cite him with a parole violation even though it has been 3 + years? and keep him from being released in oct of this yr? for the bogus check charge- and will he still owe these current court cost-that got him the probation violation in the 1st place?


Asked on 9/04/03, 10:44 pm

2 Answers from Attorneys
Chad Moody

Re: husbands out come of jail time

Realistically, so long as he is on probation or parole, they can do about anything they want to do to him. I strongly recommend leaving the state once he gets out and can do so without violating probation etc. Once they put a # on you in Oklahoma, they never leave you alone. Good luck.

Chad

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Answered on 9/05/03, 9:21 am
Terry Pierce Pierce Law Firm, P.C.

Re: husbands out come of jail time

a motion to revoke or accelerate probation may be filed at any time before the period of probation expires. a parole revocation may be filed at any time before the parole period expires. Court costs are still recoverable after a person is released from incarceration. However, considering all of this, "moving from oklahoma" is probably not your husbands answer to his problems, plenty of folks live out probation in this state and moving from this state doesn't, in and of itself, solve the deeper issues. Hope this answers your question more directly.

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Answered on 9/05/03, 11:24 am


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