Oklahoma Criminal Law
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No Issue Dispositions in Oklahoma Criminal Courts
When a criminal case in Oklahoma is set for a "No Issue Disposition" it simply means that the case is set on the Court's Docket and the Court expects that a plea will be entered on that date. Sometimes a judge will require a Defendant to waive their right to a jury trial before they set the case for a no issue disposition and sometimes they do not require a jury trial waiver.
Most frequently the "No Issue Disposition" setting is used with felony cases, but it is also used with misdemeanors. A case can be set for a no issue disposition at anytime.
When a defendant enters a plea there are different types of agreements the defendant may enter into with the state. Listed below are the types of agreements and what they mean.
Deferred Sentence
When a defendant receives a deferred sentence it means that the defendant enters a plea, the judge excepts the plea but does not find the defendant guilty. Instead the judge defers the sentencing for a period of time upon certain conditions that the defendant must satisfy. If the defendant complies with the terms of deferment on the review date the defendant will be allowed to withdraw his or her plea and any record of a plea will be expunged. A defendant who successfully completes a deferred sentence will not be a convicted felon.
Suspended Sentence
A defendant who receives a suspended sentence is a convicted felon. They are sentenced to a period of time in the Department of Corrections and that sentence is suspended upon their continued good behavior. If the defendant complies with the conditions of probation they will not be incarcerated in the department of corrections.
“2 PSI, 3 PSI, 4 PSI, Etc…”
A common plea agreement is a “___ PSI”. Basically the defense and the state agrees on a number of years 1, 2, 3 etc.. and whether that time is served as a deferred sentence, suspended sentence or incarceration is decided by the judge based upon a pre-sentence investigation report prepared by the Department of Probation and Parole.
Split Sentence
A split sentence is a sentence that is split between incarceration and probation.
In Time
Sometimes the State and the Defense agree to a plea bargain that involves the defendant being sentenced to the department of corrections for a period of time. This is commonly referred to as “In Time”.