What Is A Deferred Sentence?
You may often hear the terms deferred sentence and suspended sentence thrown around a lot. Especially when talking about probation in a criminal case. And while these two things sound similar, they are not the same thing.
Oklahoma has some pretty tough laws when it comes to criminal sentencing. But more and more we are seeing probation options being offered. While there are different kinds of probation, we are going to discuss the difference between the two above named. Because the only real similarity between the two, is that they mean you aren’t going to jail or prison.
Delaying The Judgement
So really, what is a deferred sentence? This is where a person pleads guilty to a crime, but rather than going straight to jail or prison, the judge gives time to comply with some rules. A list or probation requirements are given and the judge will review compliance with those before rendering judgement. For example, there may be fees, drug tests, check ins with a probation officer, staying away from felons, or classes to take. If you can follow these rules, your plea of guilty may change to not guilty and the case may be dismissed. However, if you do not follow these rules you may be sent straight to prison and receive zero credit for the work you have put in.
What Is A Suspended Sentence?
In a suspended sentence, a person is convicted of a crime. Either by jury trial or bench trial. However, serving all of the time in prison might not be what is best, or the only option. The judge may suspend part of the sentence and order probation. Again, if you can comply with probation, you may be able to serve this time outside of jail. If you cannot comply, a motion to revoke that suspended sentence may be filed, and you may return to prison.
Expunging A Sentence
If you have any questions about these two types of probation, call our offices. We can answer any questions, as well as see if you can qualify to have it wiped from your record. Bury Your Past attorneys have helped countless clients clean up their records and move on to a better quality of life. Call us now!