What is deferred imposition of sentence?
A deferred imposition of sentence is a procedure that reduces a felony conviction for either unauthorized possession of a controlled substance or unauthorized ingestion of a controlled substance to a misdemeanor conviction after the person successfully completes a 1 year term of probation. The process of receiving a deferred imposition of sentence involves entering a guilty plea to either possession of a controlled substance or ingestion of a controlled substance, then being placed on probation for 1 year, completing a drug and alcohol evaluation and any recommended treatment programs, and possibly serving some time in county jail. If the probationary term is completed successfully, the case can be re-opened and the felony controlled substance conviction replaced by a misdemeanor ingestion conviction. A person can only receive one deferred imposition of sentence in a lifetime. (See SDCL 23A-27-53).
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