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“Suspended Sentence” in Criminal Cases – What Does It Mean?

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"Suspended Sentence" in Criminal Cases – What Does It Mean?

“Suspended Sentence” in Criminal Cases –   Do U.S.-based law offenders automatically go behind bars after the court issues their jail or prison sentence? Not necessarily.

In American criminal law, a judge can suspend or delay imposing a convicted criminal’s sentence as long as the offenders comply with specific court-ordered conditions.

The defendant or accused must fulfill these conditions during probation instead of spending time behind bars.

The judge can dismiss the offender’s case if the latter completes the probation without any violations. Still, the judge can impose the original sentence if the probationer breaks any terms.

A suspended sentence is one of the types of criminal sentences under the U.S. justice system. You can learn more about this topic by viewing this article.

What are the different types of suspended sentences in America, and when do U.S. courts grant them? Read on to discover how suspended sentencing works and what determines eligibility for this kind of sentencing.

Suspended Sentence in the U.S.: Definition and Types

Criminal convictions in the U.S. don’t always involve staying in a correctional facility.

American courts can order offenders with minor violations to pay fines and restitution or do community service work.

Judges in the U.S. could also suspend or delay a portion of a person’s entire jail or prison sentence, depending on the crime committed, the severity of the violation, and the laws that apply to the crime. This penalty is called a suspended sentence.

A suspended sentence is a split or partially suspended sentence if the court suspends several years of the prison sentence and orders the offender to undergo probation for the remaining part of the sentence.

Courts can indicate suspended sentences numerically, like 5-2-3.

In this case, the first number represents the entire sentence, and the second number stands for the years required to stay in jail or prison. The final number is the number of years under probation.

Offenders can leave their correctional institution once on probation status. But they must follow terms set by the court strictly.

Otherwise, a violation can lead to the revocation of probation, which means returning to jail or prison to serve the rest of one’s sentence.

After completing probation, the court considers the offender as having served the entire sentence.

Meanwhile, when a judge suspends all of a person’s prison or jail time, the offender won’t have to undergo an incarceration period.

Suspended vs. Deferred Sentences

Besides suspended sentencing, courts can issue deferred sentences, wherein judges delay entering a conviction against an offender.

Instead, these top members of the court order criminals to serve the terms of their probation.

Compared to a suspended sentence, a deferred sentence can prevent the retention of a criminal conviction on one’s record if the offender completes the probation without any violations.

When offenders fulfill their probation without incident reports, the judge can change the initial guilty plea to not guilty.

Suspended sentencing often results after a plea bargain agreement, wherein the defendant pleads guilty to a crime to negotiate a reduced sentence.

In a suspended sentence, the conviction stays on the person’s criminal record even after successfully avoiding probation violations.

Who Is Eligible for Suspended Sentencing?

States decide what violations are suspendable and the eligibility for suspended sentences.

Also, courts will decide to grant a suspended sentence depending on:

  • The defendant’s criminal history
  • Severity of charges
  • Whether the defendant poses a danger to the community

Courts typically consider issuing suspended sentences for first-time and minor or nonviolent offenses.

But when the state’s criminal laws require a mandatory minimum jail or prison term for a crime, the judge cannot suspend the sentence.

Defendants can consult defense lawyers when they receive a suspended sentence to ensure that they stay out of jail or prison and fulfill their probation.

Fulfilling Probation Requirements

When offenders serve probation under their suspended sentence, the court will expect them to abide by specific conditions.

The terms can include reporting to a probation officer if the judge puts the person under supervised probation.

Probation conditions include:

  • Following curfews
  • Finding and keeping a job
  • Staying in school
  • Avoiding drug and alcohol use and joining a rehabilitation program to treat these addictions
  • Attending other programs that the court requires, like counseling or parenting classes
  • Performing community service
  • Not committing a new offense

The probation officer writes regular reports about an offender’s progress for supervised probation. These reports go to the court for the judge to review.

When the officer reports a violation, the prosecutor files a motion to revoke the probation. The court then issues a notice for the offender to attend the revocation hearing before deciding on their fate.

The judge allows the resumption of one’s probation with additional conditions or extends the probation period. The court can order the person to return to jail or prison, depending on the severity of the violation.

References

1. Suspended sentence

https://www.law.cornell.edu/wex/suspended_sentence

2. What is a Suspended Sentence?

https://www.findlaw.com/criminal/criminal-procedure/suspended-sentences.html

3. Sentencing

https://www.law.cornell.edu/wex/sentencing

4. What Are Potential Non-Prison Sentences?

https://www.lawinfo.com/resources/criminal-defense/sentencing/what-are-potential-non-prison-sentences.html

5. Probation Violations

https://www.justia.com/criminal/parole-and-probation/probation-violations/

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Salman Ahmad is a seasoned writer for CTN News, bringing a wealth of experience and expertise to the platform. With a knack for concise yet impactful storytelling, he crafts articles that captivate readers and provide valuable insights. Ahmad's writing style strikes a balance between casual and professional, making complex topics accessible without compromising depth.

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