(A) The Judge of the court in imposing a judgment and sentence, at his or her discretion, is empowered to modify, reduce, or 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. 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, work on the streets, parks, or other city-owned or maintained projects, with proper supervision.
(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 have been violated, the Municipal Judge may enter a judgment of guilty and may cause a warrant to be issued for the defendant.
(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 defer 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, or dismiss the case and expunge the record.
(F) (1) If a deferred sentence is imposed, an administrative fee of $200 may be imposed as costs in the case.
(2) The court may make payment of the fee a condition of granting or continuing the imposition of a sentence, if the defendant is able to pay.
(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, § 35.61)
Statutory reference:
Similar provisions, see 11 O.S. § 27-123