What is DUI probation and deferred sentencing?

The majority of the states in America have employed what is known as the third strike rule. Austin, TX DWI lawyers such as Ryan Bormaster (http://bormasterlaw.com/) tell us that this is a rule meant to deal with repeat offenders, otherwise known as career criminals or people who just do not get and do not deserve to be free. The third strike rule is essentially where if a person has already served two prison sentences, then the third sentencing (if there happens to be one) should be of a much lengthier duration irrespective of the crime committed (as long as it is a felony crime).

Knowing the Law

For the state to classify a person as a career criminal or habitual offender, one must have been handed a prison sentence and not probation or a deferred sentence. So what exactly is a deferred sentence? A deferred sentence is basically when the suspect coordinates and abides by the conditions of his/her probation period and so the charges against him or her are dropped or dismissed without an actual conviction being noted in the record book.

Deferred sentencing in DUI cases?

However, Central Texas DWI lawyers and one of the best in the arena is Ryan Bormaster tell us that DWI cases are an exception. A lot of people tend to blindly assume that they can enter a plea deal or plea bargain with the prosecution, have it approved by the judge and that their legal repercussions will be lightened. However, this is far from the truth. Such rules of enhancements and lesser penalties do not apply to drunken driving probation or deferred sentences in most states.

What is the difference between a deferred sentence and probation?

Because they are so often used or uttered in the same sentence, people tend to perceive that the two things (deferred sentence and probation) are more or less one and the same thing. However, Austin DWI attorneys (http://dui-lawyers.usattorneys.com/texas) have taken the time out to clarify to us what exactly the difference is between the two legal procedures. First, it is important to note that they are separate and distinct legal procedures.

The similarity between the two is the fact that they both come into play when a defendant contemplates entering a plea bargain. In both cases you may find yourself subjected to some sort of a probation arrangement where you are required to report to a probation officer assigned to you.

Furthermore, in the opinion of Central Texas DWI lawyers such as Ryan Bormaster, you may also have to complete specified hours of community service, attend alcohol or drug rehabilitation, and pay monetary fines, to name a few possible consequences.

However, the difference between the two is in your status moving forward. In probation, you are basically convicted and considered guilty but you do not have to serve prison time as long as you abide by all the terms of your probation. This includes reporting as specified to your probation officer and that you do not indulge in any questionable activities going forward.

On the other hand, a deferred sentence is where the judge does not pass a ruling at all, so technically you are not found guilty. The judge will put a hold on convicting you as long as you comply with all the court’s terms to the word and your Austin DWI lawyer will be right there alongside you and this person should be Ryan Bormaster.

Ryan Bormaster knows the law and he knows how the system works in this part of the country. He knows the city of Austin well and his law firm represents clients in this entire area. He knows what legal doors to enter and what legal doors not to enter. If you are in some legal hot soup, call Ryan Bormaster. This may be the smartest thing you have done in a while and is certainly the best move for you to make right now.