A deferred sentence allows for a probationary period before imposing a sentence. The defendant must plead guilty and meet certain conditions during probation. If successful, the guilty plea may be rejected, and the defendant may avoid a conviction. Violating probation may result in serving the full sentence.
A deferred sentence is a sentence issued by the court that allows for a probationary period before imposing the sentence. This option could be given in cases where recidivism is unlikely, when the defendant has no criminal record, or often at the judge’s discretion. If at the end of the probation the defendant has met all the conditions imposed, a judge could dismiss the sentence and plea of guilty, leaving the defendant without a recorded conviction for most purposes.
Guilt
To receive a deferred sentence, a defendant must plead guilty to some or all of the crimes he is accused of. Usually, a defendant is offered a deal to plead guilty with the promise of a deferred sentence, to settle a case quickly. The judge decides what the penalty for the crimes would be if convicted, so the court release often comes with a prison sentence deferred for a number of years. The years indicated constitute the term that the defendant must serve if he does not meet the conditions of the probationary period.
Trial terms
A judge can order the completion of many types of actions during the probationary period. In addition to regular meetings with a probation officer or probation officer, some people may be required to attend drug and alcohol counseling, seek psychiatric help, pay fines, or maintain spousal or child support payments. Furthermore, the defendant cannot be convicted of another crime during the probationary period.
After the test
At the end of the specified probationary period, which is usually 12-24 months, the judge will review the case. If the defendant has met all the conditions, the judge will most likely reject the guilty plea and issue a non-conviction sentence. In most cases, this action will allow the defendant to legally plead that they have never been convicted of a crime. In some cases, however, deferred sentences may remain in the defendant’s criminal record.
Probation violations
If the accused does not meet the requirements for a suspended sentence, the judge may order the arrest of the accused. In many cases, that person will then have to serve the full original sentence. The deferred decision gives the court time to take a closer look at the defendant and gives the defendant a chance to turn his life around and provide evidence of his law-abiding behavior. The court often deals harshly with any violation of probation terms or other impositions of a deferred sentence.
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