Deferred v. Suspended: What’s the Difference?
A deferred sentence is a delayed sentence where you do not have a conviction. If you successfully complete that deferred sentence, then the case will be dismissed. If you fail to successfully complete it, the State can file an Application to Accelerate your probation which means that deferred sentence can be accelerated to a conviction and/or to jail/prison time depending on if the case is a misdemeanor or a felony.
A suspended sentence is a conviction on the offense. If you successfully complete the probation, the case is closed, but you still have that conviction. If you fail to successfully complete that probation, then the State can file a Motion to Revoke your probation which means that you can be sent to jail or prison depending on if the crime was a felony or a misdemeanor.
Some violations are considered technical and may not result in a complete revocation of your sentence. Some of those include failing a drug test, failure to complete a class, or failing to pay fees. Two major violations that likely result in complete revocation are failing to report to your probation officer for more than sixty (60) days or committing a new crime.
Unsupervised Probation
This is usually reserved for traffic or municipal tickets. You do not have to report to a probation officer. During the period of probation, you cannot commit any new crimes, including get another traffic ticket if you are on probation for a traffic ticket, you must pay your fines and fees, and may have to complete community service or some other condition. At the end of the probation period, you may have to return to court to provide proof of completion. If you were successful, then the case is over. If you were not successful, then the prosecutor can move to accelerate or revoke your probation.
Supervised Probation with a Probation Agency
Usually under this scenario, you check in with a probation officer once a month. That is one of the cardinal rules of probation is contact with the probation officers. The second most important is don’t get into any more trouble! If you do, that will make your situation much more difficult. Your probation officer can ask you to take a urinalysis (UA) test for drug an alcohol use at any time. Your probation officer can ask to search you, your car, or your home. You are required to notify your probation officer of any address changes. You must keep them informed of your contact information. You are supposed to be employed full-time or be in school. You are supposed to report if you have any law enforcement contact. You are supposed to stay away from other people on probation or convicted felons while on probation without permission. You can’t have a gun at anytime while you are on probation. You can’t leave the state without permission of your probation officer. When in doubt, ask your probation officer.
Community Sentencing
This is a stricter kind of probation that along with the rules I discussed above, you take a Level of Service Inventory that tailors additional special rules that you need to be successful while on probation. In addition, you attend a monthly docket where you see not only your probation officer, but also a judge to report on your progress and where the judge may impose sanctions on you to try to regain your compliance.
Drug Court/Mental Health Court/Veterans Court
All of these programs are diversionary programs that are intensive probationary programs that require completion of five (5) phases that include phases with curfews, daily check-ins, intensive therapy, community service, weekly court dockets with a judge and treatment team, and sanctions to attempt to gain compliance. These programs are designed to take anywhere from twelve (12) to nineteen (19) months. These programs can be lifechanging programs and are geared specifically to deal with the problems of the individual participants and focus on group counseling and group participation.
WHAT HAPPENS IF YOU VIOLATE?
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