When a defendant receives a suspended sentence and is placed on unsupervised probation, the court usually will impose some conditions on the defendant such as no new arrests, obeying all laws, no drugs or alcohol use, and a requirement that the defendant not leave the state or the county.
Requirements for a Defendant Serving a Suspended Sentence If the defendant is convicted or pleads guilty to a particularly violent crime or has an extensive criminal history, the prosecutor is less likely to agree to and the judge is less likely to impose a suspended sentence. If a defendant is convicted at trial, the defense can request that the judge impose a suspended sentence. The sentence agreement is subject to the judge's approval. Prosecutors often are willing to include a suspended sentence in a plea bargain if the defendant has a minimal criminal history or there are mitigating circumstances, or both. For instance, if the law requires that a person convicted of a second offense of forgery involving more than $10,000 serve a mandatory minimum of one year in prison, the judge must impose that prison sentence but also may sentence the defendant to two more years in prison and suspend that portion of the sentence. If the state's criminal laws provide a mandatory minimum jail or prison sentence for the crime committed, the judge cannot suspend that sentence. Any defendant can request a suspended sentence, but no defendant is entitled to this sentencing option. When Is a Suspended Sentence an Option?Ī suspended sentence usually is available in any state court, but is at the judge's discretion. Once you successfully complete the period of probation, the court considers the sentence for the crime served. If the judge suspends part of the jail or prison sentence, you will have to serve some time incarcerated, but will be able to serve the rest of the time on probation. If the judge suspends all the jail or prison time, you will not have to serve any time.
A suspended sentence can be an excellent alternative to serving a lengthy jail or prison sentence.
If you are convicted at trial or plead guilty to a crime for which the judge can sentence you to jail or prison, the judge can suspend all or part of the sentence and place you on probation (supervised or unsupervised).