If a judge revokes the suspension, then the convicted person will spend the remainder of his or her sentence in jail or prison. If a person violates probation, then the prosecution will likely file a Motion to Revoke the suspended sentence. The judge may suspend all or part of the sentence, allowing the person to serve probation instead.
Imposition of sentence suspended full#
While the person is convicted and guilty of the crime, a full prison sentence may not be in the best interest of justice. In this case, a person is convicted of the crime, either through a guilty plea, a judge's decision at a bench trial, or by a jury's decision following a jury trial. This is very important, because it means that the defendant is NOT CONVICTED of the crime.Ī suspended sentence, while still allowing probation instead of jail or prison, functions differently. However, if the defendant does successfully complete probation, his or her plea is changed from "guilty" to "not guilty," and the judge dismisses the case. The defendant does not get "credit" for probation, and at sentencing is eligible for the full sentence allowed by law. The judge may then cut probation short, accept the guilty plea, and sentence the person to jail or prison. If a person does not stick to the terms of his or her probation, the prosecutor will file a Motion to Accelerate sentencing. Terms of probation may include drug and alcohol treatment drug testing community service court ordered counseling payment of all court costs, fines, and fees keeping away from known criminals and adherence to all state laws.
Instead, the judge orders probation and gives the defendant a chance to comply with all of the terms of the probationary term before rendering judgement. So what is a deferred sentence? This occurs when a person pleads guilty to a crime, but instead of accepting the guilty plea and convicting the defendant, the judge delays his or her judgement. In both a deferred sentence and a suspended sentence, the judge will order that probation be served instead of jail or prison time. Although some people use these terms interchangeably, and they are functionally similar, they are not the same thing, and they feature some important differences.įirst, let us look at how they are similar. When a judge orders probation for a defendant, it is typically through a deferred sentence or a suspended sentence.
Imposition of sentence suspended free#
When I visit with prospective clients during a free initial consultation, one of the first questions many of them ask me is, "Will I have to go to jail, or can I get probation instead?" Even though Oklahoma has some tough criminal laws and has been accused of "overcriminalizing" its people, there are many times that probation is, in fact, a viable option.