An Explination of the term "withholding a finding of guilt" in Oklahoma Criminal Sentencing.

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When you hear the term "withholding a finding of guilt" it typically occurs in one of two situations. When a defendant enters a plea and the judge is ordering a Pre-Sentence Investigation Report, and the defendant is eligible to receive a deferred sentence, the judge will not find the defendant guilty, instead the judge withholds a finding of guilt pending the Pre-Sentence investigation report.

This also occurs when a judge gives a defendant a deferred sentence. The judge accepts the plea, but does not enter a finding of guilt, the judge withholds a finding of guilt and deferrs the sentencing for a period of time. If the defendant complies with probation the judge allows the defendant to withdraw his plea and the case is dismissed and the court record is sealed.

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