Suspended Imposition of Sentence

When most Americans think of criminal penalties, a few common punishments probably come to mind: fines, community service, probation, and jail. However, a new legal construct, a “suspended sentence” is gaining popularity in the United States legal system. The suspended sentence has been especially popular in the juvenile justice system and in sentences against drug addicts and alcoholics.

What is a Suspended Sentence?

A criminal judge has the right to suspend the sentence of an offender. A suspended sentence is one in which a jail sentence or fine is handed down, but the implementation of the punishment is suspended while the offender is given a chance to successfully complete a probationary period (typically less than three years). If the probationary period is completed satisfactorily, the judge will generally void (i.e. ‘erase’) the jail sentence. However, a judge will not void the jail sentence if the offender does not complete his probation in a satisfactory manner.

Violations:

• The offender fails to comply with the terms of his probation (e.g. meeting with a probation officer, undergoing counseling or rehabilitation sessions, failing to complete community service);
• The offender commits another crime during his probationary period; or
• The offender violates a court restraining order against another or court order not to consume alcohol or use illicit drugs.

When Suspended Sentences Are Allowable?

Though laws vary from state-to-state, suspended sentences are typically available to a judge in any case in which state or federal law has not set a minimum sentence. Often, a suspended sentence does not result in a criminal conviction or “record” unless the offender violates the terms of his probation. In general, federal judges have less opportunity to hand down suspended sentences, due to the requirement that they adhere to the strict Federal Sentences Guidelines.

Who is Most Likely to Get A Suspended Sentence?

While suspended sentences are, in theory, available in any case in which state and federal law have no set a minimum, or mandatory sentence, it is most commonly used in a case with significant mitigating circumstances. Suspended sentences are most commonly seen in the following situations:

• First time offenders;
• Juveniles;
• Offenders with drug or alcohol addictions who agree to go to rehabilitation;
• Public Officials;
• Those with other mitigating circumstances (victim of abuse, coercion, etc.)

Getting Legal Help

There are two ways in which an offender may receive a suspended sentence: First, the sentence may be handed down by a judge or jury following a trial or plea of guilty.  Secondly, a suspended sentence may be negotiated as part of a plea bargain by an offender’s attorney and a prosecutor. If you believe you may be eligible for a suspended sentence in a criminal case, your best bet is to seek out a qualified criminal defense attorney who can advise you of your sentencing options.