if a felon on probation for durg charges comits another crime does the courts revoke the probation for the fel

Question

this is in the state of oklahoma and the original sentance was 5 years DOP with all suspended except 30 days in jail for time surved. Now the felon on probation is being charged with embezzlment by bailee.. what will likely happen if convicted. WIll they have to serve the original time and than some for the other crime also?

Answer 1

Probably, unless there are rather dramatic extenuating circumstances. Lawyers refer to such clients as "felony stupid."

Answer 2

Other Plea Considerations & FAQs

Whether any "sentencing" guidelines apply or whether there are mandatory minimum sentences. This is particularly relevant in federal cases where the U.S. Sentencing Guidelines control the probable sentence

Whether the crime has been designated as an 85% crime, meaning that the client if convicted must serve 85% before being eligible for parole.

Whether the pleading client will be required to "work" for the state or the feds. For example, will the client have to work as an "agent" or a "snitch"?

Will the plea agreement require "waiving" or giving up certain rights, such as a right to appeal or a right to certain sentencing issues under Blakely v. Washington (a Supreme Court decision affecting sentencing)?

Will the plea agreement require that the client disclose all prior criminal activity -- even when not charged with that other activity?

Will a plea to this offense enhance punishment in a future criminal action if the client is ever charged again? A felony conviction may mean that if you are ever charged with a crime again in the future, it will be "after former conviction of a felony" ("AFCF"). This means that the punishment for any future crime can be enhanced because of the former conviction. In Oklahoma, the enhancement after one prior conviction is punishment not less than 10 years (in other words, 10 years to life in prison). After two convictions, it increases to not less than 20 years. In other states (like California), they have the "three strikes and you’re out rule," meaning that a third felony conviction is an automatic "life" sentence.

Will the client have to register as a felon or register as a Sex Offender?

Will the client have to take drug tests?

Will the client be on supervised or unsupervised probation?

What happens if the client violates the terms of probation?

Will your civil rights change? Your civil rights such as voting, running for an elected position, owning a gun or ammunition, and other rights may be terminated if you are convicted of a felony. For example, a felon can NEVER own a firearm of any kind (pistol, rifle, shotgun) for any reason. If you are a hunter or sportsman or if you feel a gun is a necessity for protecting yourself, your family or your home, you cannot accept a felony conviction.

Travel restrictions may apply while on probation (particularly for sex crimes). You may forever be precluded from certain foreign travel if convicted of a specified crime determined by that foreign country (for example: drug, immigration or sex offenses).

Will the plea prevent you from working in a particular profession? A felony conviction may restrict your employment options. For example in Oklahoma, a felony conviction precludes you from serving as a corporate director, bank officer, liquor dealer, funeral director, surveyor, physical therapist, social worker, chiropractor, electrologist, official shorthand reporter (court reporter), realtor, or bail bondsman. A "felony" is considered a crime of moral turpitude (inherently evil or wrong). This means you probably cannot ever work in any regulated industry or profession. Most likely, a felon will not be able to practice law, architecture, medicine, dentistry, engineering, accounting, veterinary science, real estate appraisal, occupational therapy, marriage or domestic counseling, nursing or cosmetology. It may even preclude you from working in a school and will preclude employment with the State of Oklahoma. A felony can also restrict employment as a pawn broker. You likely will not be bondable if a convicted felon–meaning you cannot handle money in the jobs for which you are eligible. You probably cannot work in any industry where "security" concerns may be a factor (for example working for a government agency or for any airline industry or in any company that provides defense or government contracts, such as General Dynamics). Other examples of restricted employment include polygraph examiner, security guard or private investigator, and working with security alarms or security systems You also cannot work in any gaming (gambling) establishment.

Answer 3

Usually

Answer 4

That's the theory.

Get a real fine touchy, feely liberal judge and the felon will probably end up with a pardon and the bailee will be in jail.

Sorry but I have very little faith in our criminal justice system. Too much "legal" and too little "justice".

Answer 5

Yes, that's how probation works. If you violate it, you go back to jail to serve out the remaining term. Plus the penalty for whatever new crimes were committed.

Answer 6

Up to the judge, hon!!! But most likely jail time is coming.

Answer 7

yes

Answer 8

afraid so! he will be put away for a long time.