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The Water Cooler
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Think it's eazy to get a firearm from the Tulsa Police Property Room (Think Again.)
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<blockquote data-quote="TerryMiller" data-source="post: 3908879" data-attributes="member: 7900"><p>Dumpstick is completely correct in that a misdemeanor has a maximum time in the county jail of 1 year and possibly a maximum fine of $500. I worked with this stuff when I worked for the OSBI.</p><p></p><p>That said, some judges can even try to stretch the limits to some degree. I remember handling the documentation on a misdemeanor where the judge sentenced the defendant to 2 years suspended. (A suspended sentence means you don't necessarily go to jail, but if you mess up within the time of the suspended sentence, one can be revoked and go to jail.) We called the court clerk's office to verify the sentence and they confirmed it was 2 years suspended for the misdemeanor.</p><p></p><p>I suspect that the defendant's attorney knew that the sentence was wrong, but he may have been concerned that if he challenged the judge on the length of the suspended sentence, the judge might have just changed the sentence to 1 year of actual time in jail instead of any of it being suspended. Perhaps the defendant's attorney knew the judge well enough to just tell the defendant to keep his nose clean for two years.</p><p></p><p>Oh, and just for giggles, I was told that criminals would prefer time in prison over time in jail. In prison, they can have amenities in their cell that would not be available to someone in a county jail.</p></blockquote><p></p>
[QUOTE="TerryMiller, post: 3908879, member: 7900"] Dumpstick is completely correct in that a misdemeanor has a maximum time in the county jail of 1 year and possibly a maximum fine of $500. I worked with this stuff when I worked for the OSBI. That said, some judges can even try to stretch the limits to some degree. I remember handling the documentation on a misdemeanor where the judge sentenced the defendant to 2 years suspended. (A suspended sentence means you don't necessarily go to jail, but if you mess up within the time of the suspended sentence, one can be revoked and go to jail.) We called the court clerk's office to verify the sentence and they confirmed it was 2 years suspended for the misdemeanor. I suspect that the defendant's attorney knew that the sentence was wrong, but he may have been concerned that if he challenged the judge on the length of the suspended sentence, the judge might have just changed the sentence to 1 year of actual time in jail instead of any of it being suspended. Perhaps the defendant's attorney knew the judge well enough to just tell the defendant to keep his nose clean for two years. Oh, and just for giggles, I was told that criminals would prefer time in prison over time in jail. In prison, they can have amenities in their cell that would not be available to someone in a county jail. [/QUOTE]
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