Prison or Probation?
Video Transcribed:
What are the possible punishments in criminal cases in the state of Oklahoma? I am Oklahoma attorney Stuart Erickson.
So generally speaking, there are three possible punishments in a criminal case. The first of course, the maximum punishment is going to prison. For most crimes in Oklahoma, prison is always an option and there’ll be punishment ranging anywhere from one year up to life or anything in between, depending upon the crime.
The next two punishments generally are probation. Now there are two types of probation in Oklahoma. And of course, probation means you are not going to prison. You are on probation with the state of Oklahoma, so you are free so to speak, but you will have a probation officer, and you will have certain rules to follow for a certain amount of time.
The first one is a suspended sentence. So that is probation. You would not be going to prison. Now suspended probation is a conviction. That will be a felony conviction for the rest of your life. It won’t go away. It won’t be expunged, generally speaking. But you’ll be on probation. If it’s with the Department of Corrections, you’ll have a probation officer and you’ll have to check in as required and have gainful employment. And of course, the absolute biggest part of being on probation is to commit no new crime.
So that’s a suspended sentence. You do not go to prison. You have a probation officer. But unfortunately, it is a conviction for life that won’t go off your record in most cases. The second prong of probation is a deferred sentence, which really isn’t a sentence at all. If you plead guilty in front of the judge and get a deferred sentence, the sentencing is deferred or delayed or put off into the future.
So if you have a three-year deferred, you will not be going to prison. You do not have a felony conviction because you haven’t even been sentenced yet, but you’ll be on probation. So you will have to do all those things on probation. So let’s say you have a three-year deferred sentence. After three years, you’ve committed no new crimes, you’ve paid your fines and court costs, you’ve reported like you’re supposed to, and you’ve done everything right.
You go back to court and the judge will sentence you. And basically, the announcement to the judge is, this person was fully successful on probation. And at that point, here’s where the good news comes in. The judge says, yep, you’ve done everything you’re supposed to do. I will sentence you today. Here is your sentence. I am dismissing the case and expunging it off of your record where it won’t be seen. And it will never become a conviction against you.
When you go to apply for jobs and it says, have you ever been convicted of a felony after a successful deferred, you’ll say no. So generally speaking, those are the three options, prison or probation. Suspended is a conviction forever. A deferred, you have a chance to successfully complete it and come out of this whole process with no conviction. If you have more questions or need help from a criminal defense lawyer in Wagoner County, reach out to me at wagonerlawyer.com.
