What Happens When a Judge Suspends a Sentence?

You may have heard the term "suspended sentence" in relation to a criminal court case. If so, you might be curious about what that means.

What Is a Criminal Sentence?

A criminal sentence is the result of being found guilty in a criminal case. That finding could be because the person charged took a plea deal or because a judge or jury found them guilty.

Sentencing laws vary depending on which state or federal court is involved. State and federal courts have their own sentencing guidelines that judges use when they order the imposition of a sentence. These are not binding, but typically they are the place judges start. In addition, the criminal law the defendant broke may have a minimum or maximum sentence attached to it.

What Is a Suspended Sentence?

More serious crimes may have mandatory minimum sentences which need to be served in prison. If not, most judges have the discretion to suspend a prison or jail sentence as part of sentencing options. That means the person doesn’t go to jail but instead has a suspension period where they have to follow certain probation conditions. This typically happens with first time offenders or people charged with less serious crimes.

Probation conditions may include substance abuse treatment, drug tests, a curfew, not getting any new charges, paying restitution to any victims, and check-ins with a probation officer.

If a person who has been granted a suspended sentence fails to follow the terms of probation, they can be brought back to court on a probation violation. At that time the judge can decide whether to continue with the original sentence or revoke the person’s probation and impose the suspended jail time.

Problem-Solving Courts

A trend in the last few years has been for courts nationwide to establish Problem-Solving Courts. These special programs focus on trying to help individuals with no or minor criminal records deal with the underlying issues that may have caused them to break the law. The programs also indirectly help the criminal justice system with overcrowding by keeping low-level criminals out of prison.

Typically, Problem-Solving Courts include Drug Court, Veterans Court, DUI Court and Mental Health Court. In each of these programs, the participants have rules they have to follow. This could include attending substance abuse treatment, holding a job, community service, and having general good behavior. During the program, they receive a deferred sentence. If they successfully complete the program (which is a period of time specific to their individual situation) then either they receive a suspended sentence with a period of probation or the charges for their criminal offense are dismissed. If they aren’t able to successfully complete the program then a prison term is possible.

If you are facing criminal charges you should speak to a local criminal defense attorney before you go to court. They can advise you about suspended sentences and sentencing law in your jurisdiction as well as any problem-solving courts that may be an option for your case.

Related Resources:

• Alternative Sentences (FindLaw's Learn About the Law)
• Suspended Sentences (FindLaw's Learn About the Law)
• Drunk Driver Hits Judge Who Spared Him (FindLaw's Injured)