Q: Do u have to take a deferred sentence in a misdemeanor marijuana and paraphernalia in ok
A:
Do you HAVE to take a deferred??? Well, no. You certainly don’t HAVE to. But let’s think about this. If you’ve been arrested for a crime by a police officer or some other law enforcement official, that individual was under the impression that you had committed a crime, violated a law (maybe two) and in the case of drugs and paraphernalia, you’re facing up to one year in jail and $1000 fine per count in most cases in the state of Oklahoma.
If you’re innocent, retain an attorney, File a motion to suppress the search and seizure of the contraband, and if you lose this suppression hearing, consider picking a jury, preparing for trial and try to win. If you lose, you could take a conviction on your record for a drug crime, albeit a misdemeanor (which is a bad thing), and end up losing your liberty and going to jail.
If there’s a chance you could be convicted, or, if you’re guilty, and you turn down a deferred probation (which means NO jail time and, if you successfully negotiate probation and complete all of your obligations in a timely manner, NO conviction on your record at the end of the probation as the case will be dismissed) that’s usually a bad thing.
So, no, you do not have to take a deferred probation. But in most instances it’s a fantastic option as it is much cheaper than a trial and removes all the risk of incarceration and a criminal drug conviction on your record (unless you fail to comply with your probationary obligations). Hire an attorney immediately.
A: A deferred sentence is still a plea of guilty, which has negative ramifications. Yes, if you successfully traverse the probationary period, and pay all your fines and fees, you will have the case dismissed and expunged, but what if you don't? Then you may have a permanent mark on your record or face jail time anyway. Let an experienced criminal defense attorney take a look at your case and provide you with guidance. Deferred probation may inevitably be your best choice, but don't get caught in the trap so many people get caught in thinking they will save some money and that it is no big deal, its just probation. It is a big deal, and it many times it is cheaper in the end to hire a good attorney. If you would like a free consultation on this matter, give us a call at 918-884-7791... Boeheim Freeman Law.
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