A judge usually has the discretion to suspend a jail sentence as an alternative to imprisonment. Judges typically exercise this discretion in cases that involve first-time offenders convicted of less serious crimes.
The merits of each case and the facts and circumstances surrounding it are taken into consideration while delivering a suspended sentence. Our Criminal Defense Lawyers in Broward will dilligently argue in favor of the defendant in a way that it may help achieve a suspended sentence under the given facts and circumstances of the case.
Types of Suspended SentencesA number of different suspended sentences are available to the judge to be used in different cases. Firstly, the judge has the discretion to either suspend a sentence before the sentence is executed or before it is even imposed. Suspension of a sentence prior to it being imposed effectively means that the judge has refrained from handing down the sentence altogether. On the other hand, suspension of a sentence prior to its execution effectively means that the judge has imposed a sentence, but decided against actually carrying it out.
Suspended sentences may also be conditional or unconditional. An unconditional suspended sentence involves suspension with no strings attached. However, the criminal conviction remains a matter of public record. In a conditional suspended sentence, as long as the convict complies with the conditions of the suspension, the judge may continue to refrain from either executing or even imposing the punishment.
Suspension Before ImpositionWhen a sentence is suspended even before it has been imposed, it essentially means that the judge has declined to pass a sentence, but at the same time, the judge has reserved the right to impose a sentence in the future. Most criminal courts have been invested with the powers to issue a suspended sentence prior to its imposition, provided the suspension is for specific and reasonable period of time.
If the law of mandatory sentencing applies in a particular criminal case, the judge may not have the power to suspend a sentence in such case prior to its imposition. In this situation, the judge will be required to impose the sentence as per the criminal statute. The judge also has the power to revoke a suspended sentence and impose the sentence which was available at the time of conviction.
Suspension Before ExecutionCriminal courts usually have the power to suspend a sentence before it actually goes into effect. This essentially means that the convict is not required to serve the sentence immediately, even though the sentence has been imposed. The provisions of mandatory sentencing may limit the power of a judge to invoke suspension of a sentence prior to its execution.
A sentence suspended before execution may also be either unconditional or conditional. In case it is conditional, the suspension may be revoked if the defendant is found in violation of the conditions.
Fort Lauderdale criminal defense attorneys at The William Moore Law Firm, offer years of experienced legal representation and knowledge that is aggressive and skilled in the art of criminal defense. If you have any questions about suspended sentencing contact The William Moore Law Office.