Q: Us it true that if you get your first felony in Oklahoma between the ages of 18-25 you cannot receive a suspended senten
Your question is not completely clear as to what you’re asking. It sounds like you’re stating that someone between the ages of 18 and 25 years old who gets arrested for their first felony offense is not able to receive a suspended sentence. What that statement implies is either that this individual would be required to serve some period of time incarcerated in a jail or prison or perhaps they can only get a deferred probation or a dismissal of the charges as a first time felony offender. Either of these assertions is just not correct of course. Perhaps you could restate your question in a more clear manner.
When someone is arrested for their first felony offense ever it makes no difference whether you’re aged 18 to 25, 26 to 50, or 51 and beyond (unless you have a prior history of arrests and/ or convictions), in most instances you’re always entitled to receive consideration for ALL available sentencing options which might include incarceration in prison or jail, a suspended probation, some combination of those first two which is often referred to as a “split sentence,” a deferred probation which is no jail or prison time and no conviction if you successfully navigate your period of probation, as well as an outright dismissal of the charges.
So many different factors and considerations can affect how a felony arrest and case is disposed of (strength of evidence, availability of victims and witnesses, skill and tactics of defense attorney and prosecutor/ district attorney) that it is simply impossible to sum it up in such a simple statement such as the one you have suggested.
I would suggest you contact a criminal defense attorney for more clear guidance. Best of luck!
David A. Cincotta agrees with this answer
A: I agree with Mr. Tiernan. In addition to his comments, I wanted to point out that there is a law that specifically applies to individuals charged with certain felonies who are between the ages of 18 and 25. It is the Delayed Sentencing Program for Young Adults. The law on this requires the court to delay sentencing (for approximately 6-to-9 months) upon a verdict of guilty being returned or upon a defendant entering a plea of guilty or no contest to most non-violent crimes (and presuming the defendant does not have a violent criminal history). While the sentencing is delayed, the defendant is ordered to complete a program. There are two versions of the program: one is in custody and is a regimented boot camp program operated by (and within) the Department of Corrections. The other is a out-of-custody program that is similar to probation. It is not automatic that one gets to the out-of-custody program. Depending on the circumstances of the case, the out-of-custody program may be a viable option; however, it's never a guarantee that the out-of-custody program will be ordered. In that respect, the law is different for those between 18 and 25 when found guilty or plead guilty to a non-violent felony. It is a very likely possibility that the defendant will have to do the in-custody program for 6-to-9 months before returning to court to be sentenced. At the sentencing, there is nothing generally that prohibits the court from then granting probation. Typically, those ordered to complete the program and who are successful receive better (lighter) sentences than those charged with the same crime but who are too old for the program.
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