Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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A suspended sentence is where a judge sentences you to jail or prison time, but then delays imposing the sentence in order to let you serve time on probation.
Note that a suspended sentence and probation are two different things. A suspended sentence is a type of court-imposed penalty for a crime. Probation, though, is a type of alternative to jail where you serve your sentence in the community under the supervision of the judge or a probation officer.
A suspended sentence typically means that a conviction will remain on your criminal record. A different outcome occurs with a deferred entry of judgment, stayed adjudication, or deferred sentence that does not result in a guilty conviction.
A suspended sentence is a term of imprisonment that you do not have to serve following a conviction provided that you abide by all of the terms of your probation.1
If you successfully complete probation, the judge in your case typically dismisses the suspended sentence. However, if you violate a probation condition, the result could be probation revocation and imposition of the original sentence.2
Consider, for example, that you are convicted of a first-time misdemeanor DUI. The criminal laws of most states say that this offense carries a maximum jail sentence of six months or one year.
Assume the judge imposes a sentence of six months, but then suspends it, and places you on a period of probation with a term of attending DUI school.
Most jurisdictions give judges the discretion to grant or deny suspended sentences in the vast majority of criminal cases.
In deciding whether or not to grant a suspended sentence, criminal courts will consider some of the following:
If you and the prosecutor agree to a plea bargain where you get a suspended sentence, the judge will usually sign off on it. Note that suspended sentences are typically not granted in cases involving serious crimes (for example murder).
If you receive a suspended sentence, it is critical for you to consult with a criminal defense attorney or law firm. The lawyer or firm will provide legal advice to help ensure you
Keep in mind that most conversations with a lawyer are protected by the attorney-client relationship. This means potentially embarrassing information can stay out of the public domain.
In this scenario, a judge sentences you to a 10-year jail or prison term. Though the judge then imposes five years in confinement and allows you to serve the remaining five years on probation.
If you violate a term of the probation within the second half of the 10-year sentence, you will go back to jail or prison for the remainder of the sentence.
This type of sentence arrangement is often referred to as a “split sentence.”3
No. A suspended sentence is a punishment ordered by the court that gets suspended so that you can serve probation.
Probation, itself, is an alternative to jail in which you serve out a sentence or part of the sentence (for instance, two years) in the community as opposed to behind bars.4
You must comply with certain terms and conditions while on probation. Depending on the type of probation, you must meet periodically with the judge or a probation officer to report on compliance.5
Examples of probation conditions include that you:
Yes. A suspended sentence usually stays on your criminal record.
Note, though, that a deferred sentence will usually not result in a criminal record. A deferred sentence is when you plead guilty to a crime, but the judge
If you successfully complete probation, then the judge changes the initial plea of guilty to not guilty.
However, if you violate probation, then the judge may enter the guilty plea. In this event, the conviction will go on your criminal record.
California law generally follows the rules and discussion outlined above.
Note that when a California judge grants probation, they are supposed to indicate whether:
If ISS, then the judge puts you on probation without giving a sentence. If you then violate probation, the judge can either:
If the latter, the judge can impose any sentence that they could have at the time of the probation order.
If ESS, a judge gives a sentence at the time of ordering probation. The judge, though, suspends its execution.
If you later violate probation, the judge can either:
If the latter, the judge can only impose the sentence that they suspended. Unlike with an ISS, the judge is not free to impose any sentence authorized by law.
Keep in mind that there are two types of probation in California. These are:
Informal probation is granted in misdemeanor cases while formal probation is given in felony cases.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.