You may know about the existence of a deferred sentence and suspended sentences. But, did you know they are not the same? While the differences are important, they are not obvious to everyone. Read on to understand the difference between a deferred sentence and a suspended sentence.
Deferred Sentence Explanation:
You can read about a deferred sentence under 22 O.S. § 991c. But we have summarized it for you. When arranging for a deferred sentence, the defendant knowingly enters a plea of guilty or no contest to the charges at hand. Once this happens, and before the guilty or no contest judgment is accepted by the court, a deferred sentence is instated. This delays judgment until you complete a number of required probationary tasks within a set time period not to exceed ten years. If you complete the acts by the set date, after going in front of the Rogers County Criminal Judge, your record is eligible for expungement.
Some of the requirements of deferring a sentence may include:
- Paying court costs;
- Community service;
- Reparations to the victim;
- Jail up to 90 days; AND/OR
- Having supervision up to 2 yrs. and paying those costs,
- etc.
If you fail to complete the assigned tasks, then the court accepts the deferred guilty or no contest plea. This accelerates sentencing.
Suspended Sentence Differences:
Suspended sentences act very different from a deferred sentence. Although both sentences may require you to pay fines and costs the suspended sentence acts as a conviction. Thus, it shows on your record as such. Unlike the deferred sentence that delays sentencing until after a period of probation the suspended sentence is done once its plead in front of the Criminal Judge. In a suspended sentence the period of suspension can include a portion of the sentence in jail or not. This is determined on a case by case basis depending on the facts of the crime..
Our Claremore Criminal Defense Attorneys Can Help You:
If you’re wondering about your eligibility for a deferred or suspended sentence, call us at 918.379.4862 or read our Claremore attorneys blog for more information. Our attorneys want to help you navigate the intricacies of Oklahoma law, and work them to your advantage. Our first consultation is free, so we know what you need and how to approach your specific situation.