What is a deferred sentence?

Deferred Sentence 22 O.S. 991(c)

Upon a plea of guilty or nolo contendere (i.e., no contest), the court may, before it enters judgement of guilt and with a defendant’s consent, delay sentencing for a period of time not to exceed seven (7) years. The court may impose conditions upon the defendant to complete within the deferment period (i.e., probation), which may include completing alcohol and drug counseling or treatment, anger management, payment of court costs, completing community service, paying restitution, etc.

If a defendant is not under the supervision of the district attorney, then a defendant will be required to pay $40.00 per month to the district attorney’s office for up to two years. The funds are intended to compensate the district attorney’s office for costs incurred for prosecuting the matter and verifying probation compliance. The district attorney’s office may waive the fees in the best interests of justice.

Upon successful completion of the conditions of a deferred sentence and all fines and fees paid, then the court will dismiss the case and discharge a defendant without a judgement of guilt. The court will expunge from the public record of a defendant any verdict of guilt, plea of guilt, or plea of nolo contendere (i.e., seals the court case from public view).

However, if a violation of the conditions of the deferred sentence occurs for a technical violation, then the district attorney’s office must file a petition to accelerate the judgement. The court must hold a hearing within twenty (20) days of a defendant's plea of not guilty to the petition for acceleration. However, the state and defendant may agree to waive the statutory requirement for a hearing. The petition must set forth in detail the factual grounds for acceleration of the sentence to the court. The district attorney has the burden of proving that a violation has occurred.

For a non-technical violation, like committing a new crime, the court may enter a judgement of guilt. The court may proceed under the sentencing provisions of 22 O.S. 991a or modify the conditions of the deferred sentence.

The primary benefit of a deferred sentence is that it does not result in a conviction. However, a court's finding that a violation of a condition of a deferred sentence occurred could result in the court accelerating the sentence of a defendant and convicting a defendant of the crime for which the defendant received the deferred sentence from the court.