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What is a suspended sentence in a criminal matter?

On Behalf of | Jan 23, 2025 | Criminal Defense

People who are convicted of criminal charges will have to go through the sentencing phase of the trial. These sentences can include incarceration, fines, community service and probation, but it’s possible that the person won’t have to deal with the sentence right away. 

In some cases, the court will require that part of the sentence is suspended. This means that as long as the defendant complies with specific terms set by the court. In many cases, suspended sentences are used when the court believes the person can be rehabilitated but still needs to hold them accountable for the crimes they were convicted of.

What happens when a sentence is suspended?

When the court suspends part of a defendant’s sentence, the defendant is usually put on probation for the duration that the suspended sentence can be activated. This provides the court with the ability to monitor the individual for compliance with the applicable terms. These terms can include actions like paying restitution to victims, doing community service, staying out of legal trouble and anything else the court finds appropriate. 

As long as the defendant complies with the requirements, they won’t have to serve the suspended sentence. If the person doesn’t comply with the terms that are set, the suspended sentence can be activated. This means that they’ll have to serve that part of the sentence. 

Criminal defense strategies can sometimes work to encourage a suspended sentence. It’s critical for individuals who are facing criminal charges to consider all options as they work on their defense with someone who’s familiar with the system.