Getting a probation sentence instead of prison may seem like you lucked out, because, at least for the time being, you get to keep most of your freedom instead of being behind bars; you must follow court-ordered restrictions and meet with your probation officer frequently, but other than that, your life goes on as normal, with no changes to your employment or living situation. Anyone who has been on probation knows that anything can go wrong at any moment; if the cousin who picks you up from work one night has a bag of weed in his pocket, and your probation officer happens to find out, the court could extend your probation sentence or even send you to prison. 

A classic article on Pro Publica several years ago detailed the rapper Meek Mill’s Kafkaesque experience with the probation system; how much worse is it for ordinary people who do not have royalty income from music and a myriad of followers on social media? Of course, the length of a prison sentence is not set in stone either. If you can stay out of trouble in the penitentiary, you might get out sooner than the judge makes it sound at your sentencing hearing. For help making sense of the possible consequences of a guilty plea or a conviction at trial, contact a Tulsa criminal defense lawyer.

Understand the 85% Rule Before You Accept a Plea Deal

For the most serious crimes, Oklahoma applies the 85% rule. This means that convicted defendants must serve at least 85% of their sentence before becoming eligible for parole. In other words, if you get a 30-year sentence, you do not get a parole hearing until after you have served 25-and-a-half years. This rule only applies to crimes that result in death or serious injury and in which the defendant intended to kill someone or cause devastating injury. Murder, attempted murder, rape, and fatal abuse of children or elderly people are subject to the 85% rule. Other serious crimes, including manslaughter and drug trafficking, are not. Accepting a plea deal where the 85% rule applies is a serious matter. You should fight the charges if you believe that there is a reasonable doubt about your guilt, or you should plea bargain for a charge that is not subject to the 85% rule, if possible.

Getting Credit for Good Behavior

For all other crimes, incarcerated defendants can get credit for parts of their sentence by showing evidence that they have been rehabilitated. This can simply mean good behavior in prison, and it can also mean pursuing education and job training while incarcerated. In Oklahoma, you can reduce your prison time by up to 78% for good behavior and become eligible for parole quickly.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing criminal charges for an offense subject to the 85% rule.  Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.