(A) Judgment. At the close of trial, judgment must be rendered without undue delay by the Judge, who shall cause it to be entered in his or her docket.
(1) If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he or she must be discharged at once.
(2) If the defendant pleads guilty or is convicted after trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
(3) A judgment that the defendant pay a fine may direct also that he or she be imprisoned until the fine is satisfied, as provided in § 33.33.
(B) Judgment of imprisonment. If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the clerk, shall be delivered to the Chief of Police, the Sheriff of the county, or other appropriate officer. Such copy shall be sufficient warrant for execution of the sentence.
(C) Suspension or deferment of judgment, powers.
(1) 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 town owned or maintained projects, with proper supervision.
(2) A defendant is not entitled to a deferred sentence if the defendant has been previously convicted of a felony.
(3) 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.
(4) 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.
(5) 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 Town Attorney to amend the charge to a lesser offense.
(6) If a deferred sentence is imposed, an administrative fee of $100 may be imposed as costs in the case. 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.
(7) 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, § 1-11-21)