A. Sentences: Unless otherwise provided, a Municipal Judge may sentence a defendant as follows:
1. The defendant may be sentenced to pay a fine, to imprisonment or both.
2. All or part of the sentence may be suspended, unless the offense is subject to a minimum sentence pursuant to this Code. The Municipal Judge may impose reasonable conditions upon a suspension of sentence. If the defendant violates any condition of suspension, the procedural safeguards required in section 11.3.112 of this part shall apply at hearing.
3. The defendant may be granted a deferred sentence or a deferred prosecution.
4. The defendant may be sentenced to payment of costs.
5. The defendant may be placed on supervised or unsupervised probation.
B. Deferred Prosecution:
1. In any case, the court may, prior to trial or entry of a plea of guilty or nolo contendere and with the consent of the defendant and without objection from the City Attorney, order the prosecution of the offense to be deferred for a period not to exceed one year. During that time, the court may impose reasonable conditions upon the defendant and may place the defendant under the supervision of the Probation Department. As part of the stipulation, the defendant will promise to appear at a scheduled review date at which time the court will determine whether the conditions of the deferred prosecution have been met.
2. Upon the defendant's satisfactory completion of and discharge from supervision, the charge against the defendant shall be dismissed with prejudice. If any condition of the deferred prosecution agreement is violated, a hearing may be held pursuant to section 11.3.112 of this part. If the court determines that the defendant has violated the terms of the deferred prosecution, the defendant shall be tried for the offense charged.
3. Upon consenting to a deferred prosecution, as provided in this subsection, the defendant shall waive the right to a speedy trial. Consent to a deferred prosecution under this subsection shall not be construed as an admission of guilt, nor shall consent be admitted as evidence in a trial for the offense charged.
C. Deferred Sentence:
1. In any case in which the defendant has entered a plea of guilty or nolo contendere the court accepting the plea has the power, with the written consent of the defendant and the defendant's attorney of record and without objection from the City Attorney, to continue the case for a period not to exceed one year from the date of entry of the plea.
2. Prior to entry of a plea of guilty or nolo contendere to be followed by a deferred sentence, the City Attorney, in the course of plea discussions, is authorized to enter into a written stipulation, to be signed by the defendant, the defendant's attorney of record, or, if a juvenile, a parent or guardian and the City Attorney, under which the defendant is obligated to adhere to the stipulation. Conditions imposed in the stipulation shall be similar in all respects to conditions permitted as part of probation. In addition, the stipulation may provide for the defendant to perform community or charitable work service projects. Upon full compliance with the conditions by the defendant, the plea of guilty or nolo contendere previously entered shall be withdrawn and the action against the defendant dismissed. The written stipulation shall specifically provide that, upon defendant's breach of any condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence upon the guilty or nolo contendere plea.
3. Upon a breach by the defendant of any condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence upon the guilty or nolo contendere plea. Whether a breach of condition has occurred shall be determined by the court, without a jury, upon application of the City Attorney or the Probation Department and upon notice of hearing of not less than five (5) days to the defendant or the defendant's attorney of record, or, if a juvenile, to a parent or guardian. The City Attorney or the Probation Department may make application for revocation orally to the court on the date scheduled for review of the deferred sentence. Application for entry of judgment and imposition of sentence may be made by the City Attorney at any time within the term of the deferred sentence or within thirty (30) days thereafter. The hearing shall be conducted pursuant to the provisions of section 11.3.112 of this part. If the defendant is found to have violated the terms of the deferred sentence, the court may then impose any sentence or grant any probation that might originally have been imposed or granted. The Municipal Judge may extend for up to six (6) months the review of the deferred sentence to allow the defendant to complete any condition not met within the period of the deferred sentence. The Municipal Judge may continue final action of the deferred sentence until resolution of a pending matter that would constitute a violation of the deferred sentence.
4. When a defendant signs a stipulation by which it is provided that judgment and sentence shall be deferred for a certain time, the defendant thereby waives all rights to a speedy trial.
5. A warrant for the arrest of any defendant for breach of a condition of a deferred sentence may be issued by any Municipal Judge upon the report of the Probation Department or upon the complaint, verified by the Probation Department, of any person, establishing to the satisfaction of the Municipal Judge probable cause to believe that a condition of the deferred sentence has been violated and that the arrest of the defendant is reasonably necessary. The warrant may be executed by a peace officer authorized to execute warrants in the City. (Ord. 4718; 1968 Code §1-34; Ord. 88-203; Ord. 95-180; Ord. 01-42; Ord. 04-178)