Filing For A Second Chance
In Oklahoma, the power to suspend a judgment and sentence is given to trial courts and is independent of the executive power the Governor has to commute, parole, or pardon individuals. Courts have this power under Title 22, Sections 991a and 994 of the Oklahoma Statutes.
Oklahoma Title 22, Section 991a says in part,” When a defendant is convicted of a crime and no death sentence is imposed the court shall either:
- Suspend the execution of sentence in whole of in part, with or without probation.”
Oklahoma Title 22, Section 991a says, “After appeal, when any criminal conviction is affirmed, either in whole or in part, the court in which the defendant was originally convicted may suspend the judgment and sentence as otherwise provided by law.”
The Oklahoma Court of Criminal Appeals (OCCA) has ruled that the decision to suspend a judgment and sentence belongs to the trial court, is constitutional, and is not appealable. The OCCA has also ruled that the trial court does not have the right to suspend the sentence of a defendant “being sentenced upon their third or subsequent to their third conviction of a felony,” however.
What is a Suspended Sentence in Oklahoma?
In Oklahoma, a suspended sentence is possible only after a defendant’s conviction. A suspended sentence entails the trial court suspending all or part of the incarceration for which a defendant is sentenced and ordering the defendant to abide by a particular set of terms. If the defendant follows the terms of their suspended sentence and remains out of trouble, they avoid incarceration altogether. If, on the other hand, the defendant fails to follow the terms ordered by the court, they may have their suspended sentence revoked and be ordered to serve out their full amount of time in jail or prison.
Some of the terms the trial court may be likely to order as part of a suspended sentence include, but are not limited to:
- Payment of restitution;
- Reimbursement of hospital and medical expenses incurred by the victim(s);
- Community service;
- Serve a term of confinement in the county jail at night or during weekends;
- Reimbursement to the OSBI for costs incurred to investigate the crime the defendant was convicted of;
- Payment of a reasonable sum to the Crime Victims Compensation Board for the benefit of crime victims;
- Reimbursement to the court for a court-appointed attorney;
- Participation in an assessment and evaluation by the Department of Mental Health and Substance Abuse Services;
- Attend a victim’s impact panel;
- Confinement by electronic monitoring;
- Perform one or more courses of treatment, education, or rehabilitation for any conditions, behaviors, deficiencies, or disorders that may contribute to criminal conduct;
- Submit to alcohol or drug testing;
- Supervision by a Probation;
- Obtain positive behavior modeling by a trained mentor;
- Serve a term of confinement in a restrictive housing facility available in the community;
- Submit to blood or saliva testing;
- Repair or restore property damaged by the defendant’s conduct;
- Comply with sex offender rules and conditions of supervision and participate in a treatment program designed for the treatment of sex offenders;
- Participate in a drug court program or a community sanctions program; or
- Any other provision specifically ordered by the court.
Oklahoma Motion to Suspend Judgment Attorney
A criminal conviction can be frightening. It can also cause irreparable damage to your life through the loss of employment, connection to loved ones, and more. If you or a loved one are facing a criminal conviction that could lead to a sentence of incarceration, have been sentenced to a term of months or years, or have even already lost on appeal for a sentence handed down, it is not too late to motion the court to suspend judgment and sentencing. If this sounds like you, it is crucial that you speak to an Oklahoma City motion to suspend judgment attorney as soon as possible.
For a free consultation with an Oklahoma City motion to suspend judgment attorney, call 918-932-2833. You can also submit an email question from the top right corner of this page. We will respond to all inquiries as soon as possible.