What Is a Suspended Sentence?

A defendant is sentenced soon after he or she decide to plea guilty to a criminal offense or when they have been found guilty after a jury trial.

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.

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.

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. There is not a set of magic words you could use that would make all your web searches seem innocent. Similarly, use of exclusively innocent language will not ensure that your online behavior is beyond suspicion. To avoid legal trouble, it’s best to browse with caution.

If you or a loved one is in a bind as a result of a criminal charge (traffic related or otherwise), immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.