The majority of the states have employed
what is known as the third strike rule meant to deal with repeat offenders,
otherwise known as career criminals. The third strike rule is essentially where
if a person has already served two prison sentences, then the third sentencing
should be of a much lengthier duration irrespective of the crime committed, as
long as it is a felony.
For the state to classify a person as a
career criminal or habitual offender, he or she 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.
If you are in the legal hot zone, you do
not want to be slow or quick roasted, you want to get out to a cooler and more
refreshing area. You will need a legal counselor to do so. Press right here DUI-USAttorneys.com to make that idea a
reality.
Tommy Gavin (see below) should have drank more water and less alcohol. But he was an amazing firefighter. |
Deferred
sentencing in DUI cases?
However, Pasadena, CA DUI lawyers tell us
that DUI 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 in charge and that their legal repercussions will be reduced.
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 deferred sentence
and probation is the same thing. However, Los Angeles County DUI attorneys
clarify 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 Pasadena,
CA DUI lawyers, you may also have to complete specified hours of community
service, attend alcohol or drug rehabilitation, and pay monetary fines, to name
a few.
If you are being charged with a DUI, hire a Pasadena, CA DUI lawyer. You do not want to perform in the courtroom like the 2015/2016 Lakers performed on the court. |
Tommy Gavin (Denis Leary) in the hit
show Rescue Me knew all about alcohol rehab. He was a drunk and he had to spend
years going to rehab to deal with his problem. Mickey Gavin (Robert John
Burke), his brother, probably saved his brother’s career (New York firefighter)
and life since alcohol can destroy both.
However, the difference between the two
is in your status moving forward. In probation, you are basically convicted as
guilty but you do not have to serve prison time as long as you abide by 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.
Click on one of the links above or below, legal help is right around the virtual corner. |
If
you are arrested for drunk or drugged driving, make sure to seek
help from a California DUI lawyer. Your legal pro will evaluate your case and
formulate the best defense strategy to get the best possible outcome for you.
In a tough world, you cannot beat that.
No comments:
Post a Comment