I often see in the news where someone has been found guilty of (or pleaded guilty to) a crime, and receives a sentence the likes of “5 years, all but 90 days suspended.”
I always (mistakenly, I now assume) took it to mean that the person would be incarcerated for whatever was not suspended, and on probation for whatever the balance of the sentence was after the jail term. Then I read the news today, and found a guy sentenced to five years, all but six months suspended, but they specifically mentioned that his probation term was only three years. So I presume the other year and a half just sort of vanished.
If the judge wants the guy to serve three and a half years between his jail and probation term, why can’t they just say “three and a half years”?
He can end up doing the full five years if he violates probation in the three years.
They are two different things.
In Maryland you can’t even get more than five years probation. So a judge could hand out a ten year sentence, suspend all but 90 days - and if he/she violates - he goes back in front of the judge who can impose the full sentence. The probation is made to punish someone for the full sentence term.
ETA: Also part of the reason it is done this was is for double jeopardy reasons - once a sentence is imposed - it can’t be increased. By “imposing” the five year sentence - he faces this full sentence if he fucks up during probation.
I believe suspended sentences can be unsuspended if the judge wants to. A case I recall involved new information about the offense arising after sentencing.
So in the case of the example I mentioned above: if the guy does his 6 months in the hoosegow, and completes his 3 years of probation without violating, what becomes of the remaining year and a half? Is he free and clear upon completion of probation?
There is no remaining year and a half. It is only in your mind
Yes he is free and clear. Of course he’d have to answer for any new crimes.
If it makes you feel any better - he could have gotten a year sentence - all but six months suspended - and five years probation. Then on year 4 - day 355 - violate his probation and go back to prison for six months.
The probation term has nothing to do with the sentence term (more or less). Obviously more serious stuff gets longer sentences and generally longer probation terms.
No it can’t - not legally anyway. If the defendant hasn’t done anything to violate probation - a judge can’t increase the sentence (which this would be). He can decrease the sentence. Anything else violates double jeopardy. I’m not saying it hasn’t happened.
He would be changing the sentence if he changed it from a suspended sentence. The state or the court can choose to charge him with Violation of Probation(VOP). If he is found guilty - the court will reimpose the original sentence.
I think the OP may be confusing probation with parole.
ETA: and yes - violation of probation is extremely common - so that may be what you heard.
I think a deferred sentence kicks in after the probation, but I’m not sure they happen in all places. I don’t recall seeing them in my state.
They do have things like stets - which basically makes it to its kind of in a legal purgatory.
I think your first guess was probably right. While technically the judge isn’t unsuspending the sentence (for double jeopardy purposes) - the effect is pretty much the same.
Deferred sentences and deferred adjudication allow for a defendent to avoid a formal conviction, provided they abide by the terrms imposed by the court. Broadly speaking,. in the former, the defendent pleads guilty and the judgment thrown out at a later date. In the latter, the judgment itself (typically, the defendant pleads no contest) is deferred until the end of a probationary period.
If any of this seems odd consider that if a criminal were sent to jail for 5 years, but behaved like a model prisoner, they would probably be eligible for parole much sooner than 5 years.
So imagine the person is serving their jail term out at home. With good behaviour they are “released” after 3.5 years. However if they break the terms the conviction is promoted to a 5 year prison term.
I hope this isn’t a hijack, but I’ve long wondered how much evidence is needed for parole violation. For example, suppose The System tells the guy, “You violated parole! Back to prison!”, and he says, “No I didn’t! What’s your evidence! Prove it! I demand a trial!” What happens then?
My guess is that no evidence is needed at all. The judge can simply tell him, “I was being nice before, and cut you some slack. I now choose to use my discretion and revoke that slack. I don’t need evidence. You don’t get a trial. And it’s not double jeopardy.”
ALso referred to in some jurisdictions as SIS (Suspended imposition of sentence) and SES (Suspended execution of sentence).
In this state, successfully completing the probation period will result in a closed criminal record, which is not public information.
Most of the time, the probation officer will report the violation to the judge. The judge may set a ‘Show Cause’ hearing, which is basically the violators chance to come up with a damn good reason why he/she didn’t follow the restrictions of their probation.
You probably are. Like eastcheap and Sicks Ate said, deferred adjudication (sometimes just called “deferred”) is when the judge accepts the defendant’s guilty plea, but doesn’t enter a finding of guilt at that time; instead, the judge puts off entering a finding of guilt to a later date and places the person on probation, hence the name “deferred adjudication.” There are a couple of differences between deferred adjudication and what is called “straight probation,” the main one being that successful completion of deferred results in a dropping of the charge and no criminal conviction (although you may still have an arrest record and suffer some civil penalties). With straight probation, you have a conviction regardless of whether you successfully complete probation or.
Not having a conviction is great, but there’s a trade off: if you violate deferred you’re getting whatever penalty the judge feels like giving you (or prosecutor if you make a deal). With straight probation the term of probation and the sentence are both fixed, e.g. “five years probated five years” means five years of probation and up to five years in prison if you violate, but no more than that. With deferred adjudication, the term of probation is fixed when you enter your plea but the penalty is not, so if you violate on a felony you’re looking at the entire penalty range. If the range of punishment is 2 to 20 years, you could get 2 years, 20 years, or anywhere in between.
I don’t really know what type of sentence it was, but the defendent was going to get off easy because he was portrayed as a first time offender with strong ties to the community or some such. It later came to light that the defendent had other run-ins with the law and wasn’t the white sheet of paper with a single black dot as he had been portrayed. He ended up in jail. My memory is that it was a suspended sentence, but it was years ago.
ETA: This was in New York. States probably have different rules for this.
