Suspended and Deferred Sentences in Oklahoma
People who commit DUI offenses in Oklahoma may receive suspended or deferred sentences. While there are important differences between these alternative sentencing methods, both give people the option to meet certain conditions imposed by the court and avoid jail time as a result.
In Oklahoma and the rest of the United States, you are considered to be “convicted” of a crime if you are found guilty by a judge or jury and final judgment is entered. However, sentencing for the crime may occur at a later hearing.
Suspended Sentence
For a suspended sentence, you are convicted of a crime but do not have to go directly to jail or prison. The court sentences you to probation, meaning you are not in jail but must satisfy specific requirements to stay out of jail. Supervised probation requires regular reporting to a probation officer. Unsupervised parole requires obeying probation rules and not breaking any other laws. Violating the terms of your probation may mean that you spend the rest of your sentence in jail.
Deferred Sentence
For a deferred sentence, you are convicted of a crime but the judge “defers” sentencing, meaning he schedules the sentencing hearing for a date from one day to five years after the judgment against you is entered. The judge also will order you to complete various requirements during the time before the sentencing hearing, such as reporting to a probation officer, attending treatment classes or an in-patient program, and paying court fees. If you complete all the requirements successfully, the court will dismiss your case and the crime will not appear on your permanent record. However, if you do not complete the requirements or break the law again, you may be sentenced to jail or prison time.
To summarize, a suspended sentence means you are convicted and sentenced but do not go to jail if you meet the judge’s requirements for probation. A deferred sentence means you are not sentenced and the crime does not appear on your record if you meet the judge’s requirements.
Interested in seeking a suspended or deferred sentence for your DUI charge? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, assesses his clients’ best options for defenses and sentencing. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.