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Parole, Probation & Post-Conviction Relief

Oklahoma City Parole, Probation & Post-Conviction Relief Attorneys Continue to Serve

Skilled counselors provide post-conviction representation to safeguard your liberty

For many defendants in the criminal court, the need for legal representation doesn’t end at trial. A conviction can result in probation or eventual parole, followed by allegations that the defendant violated terms. In many cases, a defendant might have grounds to appeal a conviction because of a judge’s adverse rulings on questions of law. At Butler & Flynn, PLLC, we manage probation issues, parole hearings, and appeals. Our skill and experience in these matters provides our clients with quality representation as well as continuity of service that saves time and money.

Appeals for post-conviction relief in Oklahoma

As part of due process, Oklahoma criminal convicts have a limited right to seek post-conviction relief. Title 22 O.S. §1080 provides the statutory basis for relief based on the following circumstances:

  • The conviction or the sentence violated the constitution of the United States or the constitution or laws of Oklahoma.
  • The court did not have jurisdiction to impose a sentence.
  • The sentence exceeded the maximum allowed by law.
  • There are material facts that were not previously presented.
  • The defendant’s sentence has expired; his suspended sentence, probation, parole, or conditional release was unlawfully revoked; or his custody is unlawful for some other reason.
  • The conviction or sentence is subject to challenge for an alleged error that was previously unavailable.

If the defendant made a direct appeal during trial, those grounds are not available. If the defendant had grounds during trial and did not make a motion, those grounds are also not available. Post-conviction relief is based only on new circumstances or newly discovered facts. A defendant is not entitled to free, court-appointed counsel for a post-conviction appeal.

If the Oklahoma Court of Criminal Appeals denies your motion for post-conviction relief, your state remedies are exhausted. You can then petition the federal courts for a habeas corpus action, to review the legality of incarceration. If you believe you have grounds for post-conviction relief, an attorney at our firm can advise you during a free consultation.

Probation and parole representation in Oklahoma

Probation and parole are both arrangements that allow a defendant to be at liberty after a criminal conviction but before a sentence has expired. The difference is that probation is decided at sentencing and is granted in lieu of any incarceration, while parole is an early release after a certain amount of time served.

Our criminal defense attorneys help clients obtain probation as a plea arrangement or at sentencing after a trial. When the facts of a case are against the accused, avoiding jail time is often the best result possible. Probation comes with various requirements that the defendant must follow or risk being incarcerated to complete the sentence. We help clients who are accused of violations to resolve matters favorably so they can remain free.

When an incarcerated individual becomes eligible for parole, the parole board holds a hearing to gather sufficient information to make a decision. We help our clients prepare for their hearings and represent them before the board. We also manage appeals when an adverse ruling results from a board’s error.

Contact a respected Oklahoma post-conviction attorney for a free consultation

Butler & Flynn, PLLC represents Oklahomans who’ve been convicted of various crimes in a range of sentencing and post-conviction processes. If you have questions about your rights, we are ready to provide the answers. For a swift response to your urgent concerns, call 405-416-2711 or contact us online to arrange a free consultation at our Oklahoma City office.

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Our Office
  • Oklahoma City Office
    13825 Quail Pointe Drive
    Oklahoma City, Oklahoma 73134
    Phone: 405-849-5300