QUESTION

What is a deferred sentence?

Asked on Apr 22nd, 2011 on Criminal Law - California
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What does deferred sentence mean?
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Answered on Jun 14th, 2011 at 9:03 AM
A "deferred prosecution" or "deferred dismissal" generally means a person was put on a first offender's program, given some conditions or things to do as part of the program, then told that if they complete the conditions, then the charge would be dismissed. I am unfamiliar with the term "deferred judgment," but would guess it is similar in nature to a deferred prosecution, where the prosecution/judgment would be delayed to give the defendant an opportunity to complete a first offender's program and get the charge dismissed.

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Answered on Apr 26th, 2011 at 10:42 AM
If you are the defendant, youd better be asking your questions of your attorney before you agree to anything. It you dont have an attorney, get one immediately. If serious about doing so, feel free to contact me. It means the defendant pleads guilty, but is not immediately sentenced, not until a hearing set out in the future. It is generally used as a form of probation; typically the defendant goes a year or so without further arrest for anything and the original charges are dismissed or reduced per the plea bargain agreement.

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Answered on Apr 26th, 2011 at 8:40 AM
Are you talking about a deferred prosecution on A DUI? That means 2 years alcohol treatment. If the treatment is completed successfully, the DUI will be dismissed. A deferred sentence on some other type of case means that if you do what they are asking you to do, and stay out of trouble for a specified time period, the case against you will be dismissed. IN general, its a pretty good deal for the defendant. Please feel free to call or contact me with any other questions.

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Answered on Apr 26th, 2011 at 8:34 AM
I hope you mean deferred entry of judgment. This means that if you complete your probation requirements you can withdraw your plea and have the charges dismissed.

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Answered on Apr 24th, 2011 at 5:28 PM
It means that the judge has given a sentence, but based on the defendant's promises and assurances, the sentence will either never be carried out, or will be carried out only after the defendant has proven he was unworthy of the sentence in the first place. For example, five years to seerve in prison suspended upon completion of GED, 500 hours of community service and payment of restitution. The defendant assures the judge he will do all of it. One year later, the defendant has ten excuses for why the GED has not been completed, why only 10 hours of community service has been completed, and only $ 100 in restitution. The judge "unsuspends" the sentence and the defendant is taken into custody to serve the prison term.

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Answered on Apr 24th, 2011 at 5:27 PM
A deferred sentence (not be to confused with a deferred prosecution) means that a judge has put aside the sentence for a period of time (1-2 years on average depending on the underlying offense) and at the end of the period as long as the defendant has complied with sentence requirements the charge will be dismissed.

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Answered on Apr 24th, 2011 at 5:26 PM
Usually means court placed u on probation without a sentence- no jail time or fine imposed.

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Answered on Apr 24th, 2011 at 5:25 PM
A deferred sentence means the Judge puts off your sentence until something else is done or happens or is completed. Those things could be a treatment program or anything else the Judge directs. Good luck.

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Answered on Apr 24th, 2011 at 5:25 PM
That means that sentencing will be postponed or held in limbo until you complete some terms of probation, treatment programs, or whatever else the court decides. If you are successful with what they ask you to do, then at the time of sentencing the charges will not appear on your record. Not all courts or jurisdictions use them however.

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Answered on Apr 24th, 2011 at 5:24 PM
It means you get sentenced BUT you do not do your time - you will only do the time if you violate probation or some other provision of the sentence. Don't screw this one up.

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Answered on Apr 24th, 2011 at 5:24 PM
Thank you fro your inquiry. A Deferred Sentence means that the ultimate sentence in the case is defferred to a specific date in the future. The statute number is MCL 771.1. The practical meaning is that upon accepting a plea, the matter is placed on the record and all of the fines, and other conditions of the sentence are imposed. On the deferral date, the Court can decide to remove the matter from the record. Upon removal, no conviction. I hope this was helpful.

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Answered on Apr 24th, 2011 at 5:24 PM
This basically means that your sentence is on hold = and may even be dismissed if you complete certain classes; stay out of trouble; etc. If you screw up the sentence will be given . For example- 90 days custody; deferred if you attend 6 classes and stay out of trouble for one year.

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Ardalon Fakhimi
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Answered on Apr 24th, 2011 at 5:23 PM
A deferred sentence, also known as a deferred entry of judgement, is when a court puts continues the sentencing (or punishment) in a criminal case for a designated period of time in order to allow a defendant to perform some negotiated act (ie. drug program, payment of restitution, completion of a class, etc....). If the defendant satisfactorily completes the required act, then the the defendant will not be sentenced and the matter is typically dismissed. If, however, the defendant fails to perform the designated act, then the defendant will be sentenced, thereby resulting in a conviction of the charged offense. The defendant typically would not have the option of asking for a trial because he/she had already pled guilty. All that remained was the sentencing aspect of the case.

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Answered on Apr 24th, 2011 at 5:23 PM
In short, a deferred sentence is when you enter a plea and there is a period given by the judge. If during that time frame you satisfy the requirements as laid out by the judge, then your plea and conviction will basically be withdrawn. You should speak to your attorney specifically about your case and the deal that is on the table to clarify the situation further for you.

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Answered on Apr 24th, 2011 at 5:22 PM
A deferred sentence means that the incarcerated time is delayed for a period of time based on remaining of good behavior and any other conditions imposed by the court. The person sentenced must file a motion a month prior the expiration in order to prevent the time from being imposed.

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Jeff Fengcheng Yeh
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Answered on Apr 24th, 2011 at 5:21 PM
That means you plead guilty or no contest, but the sentencing is postponed to a later date. This is often done when you have to do something (ie. a class) to earn a dismissal or reduction. If you do what is asked of you, then when you come back at a later date for sentencing the case is dismissed (or whatever was agreed upon). If you don't, then you will be sentenced accordingly.

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Answered on Apr 24th, 2011 at 5:21 PM
A deferred sentence is a plea agreement whereby the Defendant enters a plea of guilty or nolo contender to the charge. The sentencing is deferred for a period of time in which the Defendant must refrain from any further law violations and possibly complete some conditions. After the agreed upon period has run, if Defendant has completed all the requirements the charges are dismissed.

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Answered on Apr 24th, 2011 at 5:21 PM
It means that you pleas guilty and if you successfully complete probation, the case will be dismissed with no criminal record.

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Answered on Apr 24th, 2011 at 5:20 PM
Typically a "deferred sentence" occurs where a defendant is getting the opportunity to have their case dismissed or perhaps he or she will receive a lighter sentence at a later date, if they either "stay out of trouble" and/or complete some other required activity (community service, educational classes, AA meetings, etc.) If the person doesn't do these things and/or gets into trouble, the "deferred sentence" is imposed, meaning the case won't be dismissed and the heavier sentence is imposed.

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