A deferred sentence is a way to stay out of jail or prison and avoid a criminal conviction. It is often granted to first offenders and those accused of minor, nonviolent offenses. Instead of being convicted and sent to prison, the defendant is allowed to serve probation. As long as he or she complies with the terms of probation – not breaking any other laws, staying away from known criminals, paying court costs and fines, performing community service, getting drug or alcohol treatment, etc. – when the probation is over, the guilty plea is changed to “not guilty” and the case is dismissed.
If, however, a person violates probation, the District Attorney will file a Motion to Accelerate sentencing. If granted, the Motion to Accelerate ends the deferment of sentencing, the judge finds the defendant guilty of the crime, and he or she is sentenced according to the statutory guidelines for the crime. There is no “credit for time served” in probation.
What are some ways a person under a deferred judgement can get the probation revoked and the sentencing accelerate? By failing to get court-ordered treatment, by failing to pay court costs or fines, by refusing to participate in mandatory community service, or by committing another crime, such as DUI, marijuana possession, or murdering his entire family.
In August 2013, Alan Hruby, then 18 years old, was charged in Stephens County with taking and using his grandmother’s credit card without authorization. Hruby admitted on social media to being materialistic, wanting to continually shop and buy expensive things.
Several months later, in January 2014, Hruby entered a guilty plea in the credit card fraud case in exchange for participation in the delayed sentencing program for young adults.
It seems like a good plan. A materialistic kid does something stupid like stealing his grandmother’s credit card, and instead of sentencing him to prison, the court allows him the opportunity to make amends while serving probation in the community. A little thing shouldn’t ruin someone’s entire life.
But then, in October 2014, Alan Hruby allegedly traveled from school at the University of Oklahoma to his parents’ home in Duncan. Investigators say he methodically and without warning shot and killed his father, his mother, and his little sister–all for the sake of being the only survivor to collect inheritance from his parents.
Upon his arrest and first degree murder charges in the triple-homicide, the Stephens County District Attorney filed a Motion to Accelerate judgement in Hruby’s credit card fraud case.
On December 3, 2014, Stephens County District Judge Joe H. Enos accepted Hruby’s earlier guilty plea and sentenced him to 3 years in prison, a $1,500 fine, and $5,980.42 in restitution to be paid within 6 months of the completion of his sentence.
Hruby was given no credit for time served as he remains jailed on three first-degree murder charges. On Friday, Hruby was transferred from the Stephens County jail to state prison to begin his sentence for credit card fraud.
His preliminary hearing for the three murder charges is schedule for June.