(A) (1) The Judge of the Court, in imposing a judgment and sentence at his or her discretion, is empowered to modify, reduce, suspend or defer the imposition of such sentence, or any part thereof, and to authorize the person to be released upon his or her own recognizance for a period not to exceed six months from the date of the sentence under such terms or conditions as the Judge may specify.
(2) The Judge may, with the consent of the defendant, defer further proceedings after a verdict, finding or plea of guilty, but before passing a judgment of guilt and imposing a fine, and place the defendant on probation for a period not to exceed six months under such terms and conditions as prescribed by the Court, which may include, but not be limited to, remedial action or community service work on the streets, parks or other city-owned or city-maintained projects with proper supervision. Upon completion of the probation term, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty shall be expunged from the record and the charge dismissed with prejudice to any further action.
(B) A defendant is not entitled to a deferred sentence if the defendant has been previously convicted of a felony.
(C) Upon a finding of the Court that the conditions of release or any community service have been violated, the Municipal Judge may enter a judgment of guilty and may cause a warrant to be issued for the defendant, or may impose the maximum sentence allowable for the violation of which the defendant was convicted.
(D) Upon the issuance of the warrant or judgment of guilty being entered, the person shall be delivered forthwith to the place of confinement to which he or she is sentenced and shall serve out the full term or pay the full fine for which he or she was originally sentenced, as may be directed by the Judge.
(E) The Judge may continue or delay imposing a judgment and sentence for a period of time not to exceed six months from the date of the sentence. At the expiration of such period, the Judge may allow the City Attorney to amend the charge to a lesser offense.
(F) (1) If a deferred sentence is imposed, then the maximum fine or deferral fee in lieu of a fine for traffic-related offenses relating to speeding or parking violations shall not exceed the sum of $200.
(2) The maximum fine or deferral fee in lieu of a fine for alcohol-related, drug-related or any other offense shall not exceed the sum of $750.
(3) Provided, however, in no case shall the deferral fee exceed the fine allowable by state statute.
(4) In any case of such deferred sentence, no additional fine, cost or assessment shall be imposed beyond the deferral fee herein provided.
(G) The Court may also require restitution, and, in the event there was damage done to public or private property during the commission of the offense, the Court may require the defendant to repair or replace such damaged property as a condition to a deferred sentence, as may be directed by the Court.
(Prior Code, § 6-127) (Ord. 2007-07, passed 8-6-2007)
Statutory reference:
Related provisions, see 11 O.S. § 27-123