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Previously Viewed. Unanswered Questions. Math and Arithmetic. What does a 10 year sentence mean with 7 years suspended? Wiki User It means 3 years in jail. It means you were convicted of a felony offense and received a 5 year sentence.
One year of which will have to be served behind bars, and the other 4 years suspended. One year executed means one year of the sentence will be served in jail. Three years suspended to probation means the remaining three years of the sentence are to be served on probation.
Asked in Criminal Law Do you serve jail time with a suspended imposition of sentence? How was the sentence imposed? It all depends upon the wording of the judge's decision.
What does x years suspended mean?
Asked in Gay Lesbian and Bisexual How many years did gayes dad get for shooting him? Marvin Gaye Sr. This question makes no sense. Asked in Criminal Law How much time does a person have to do on a 11 year suspended sentence? On a 'suspended" sentence you don't "serve" ANY time incarcerated. There may and probably will be a period of probation, both supervised and un-supervised, which could run for the entire 11 years.A sentence given after the formal conviction of a crime that the convicted person is not required to serve.
In criminal cases a trial judge has the ability to suspend the sentence of a convicted person. The judge must first pronounce a penalty of a fine or imprisonment, or both, and then suspend the implementation of the sentence. There are two types of suspended sentences. A judge may unconditionally discharge the defendant of all obligations and restraints. An unconditionally suspended sentence ends the court system's involvement in the matter, and the defendant has no penalty to pay.
However, the defendant's criminal conviction will remain part of the public record. A judge may also issue a conditionally suspended sentence. This type of sentence withholds execution of the penalty as long as the defendant exhibits good behavior. For example, if a person was convicted of shoplifting for the first time, the judge could impose thirty days of incarceration as a penalty and then suspend the imprisonment on the condition that the defendant not commit any crimes during the next year.
Once the year passes without incident, the penalty is discharged. If, however, the defendant does commit another crime, the judge is entitled to revoke the suspension and have the defendant serve the thirty days in jail. Whether a conditionally suspended sentence is considered equivalent or complementary to a Probation order or is considered an entirely distinct legal action depends on the jurisdiction.
Under a probation order, the convicted person is not incarcerated but is placed under the supervision of a probation officer for a specified length of time. A person who violates probation will likely have his probation revoked and will have to serve the original sentence. In some jurisdictions a postponement of sentencing is also considered to be a suspended sentence.
A postponement of a criminal sentence means that the judge does not pronounce a penalty immediately after a conviction.
Courts use postponement and conditionally suspended sentences to encourage convicted persons to stay out of trouble. In most cases courts will impose these types of conditional sentences for less serious crimes and for persons who do not have a criminal record.
Where there is overcrowding in jails, suspended sentences for petty crimes may be used to prevent further congestion. Should the sentenced party fail to follow these requirements, then the suspended sentence may be enforced. See: sentence. Suspended Sentence A sentence given after the formal conviction of a crime that the convicted person is not required to serve.
See: sentence suspended sentence a sentence of imprisonment that is not put into effect but held over the convicted person on condition he behaves. If he does not, the sentence takes effect. Mentioned in? References in periodicals archive?If you have a legal question, and you live in Ontario, this site is for you. LawFacts provides in-depth legal information and resources. Like a conditional discharge, a suspended sentence involves following conditions in a probation order for a period of one to three years.
The main difference between a conditional discharge and a suspended sentence is that an offender who gets a suspended sentence has a conviction registered against them. This means that the offender who gets a suspended sentence will have a criminal record and will have to apply for a pardon to have the conviction removed from their record. This section has been created as a public service by Legal Aid Ontario.
Every reasonable effort has been made to ensure that the information presented is current and accurate. However, users of this section should verify the information before making decisions or acting upon it. This section contains general legal information.
It is not intended to be used as legal advice for a specific legal problem. Skip to main content. Search form Search. Suspended sentence. Printer-friendly version. What do I do if? I'm asked to be a surety? I have a bail question? I want to plead guilty? I don't have a lawyer? How do I contact LAO? Email us: info lao. Quick links Legal Aid Ontario.A friend pleaded guilty a couple of years ago to drug charges, first time offender.
They went back to court after a couple of years. I guess the judge didnt think they were complying with earlier instructions. So now they are in jail. I havent talked to the friend, but see in public records they got a 3 year sentence and three years probation. It also says sentence suspended 2 years 6 months. Was the 2 years 6 months part of their probation, and if they complied the sentence would be reduced or finished? A: From the description you provided, your friend was sentenced to 3 years, with 2 years 6 months of that sentence suspended.
This means that your friend is currently serving an active sentence of 6 months. Once your friend completes the 6 month sentence, your friend is on probation for three years from the date of release from incarceration. If your friend then violated the terms of probation during that three year time period, your friend could be sentenced to serve all or part of the suspended sentence 2 years 6 months. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions.
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Does it Related Topics: Criminal Law. Steve Miyares Answered 3 years ago. I agree with this answer Report. Justia Legal Resources.
Find a Lawyer. Law Students.Understanding the difference between a suspended license and a revoked license is important if you find yourself in trouble for certain types of traffic violations.
The more severe your violation, the more severe the penalties can be. A suspended license is not the same as revoked license.
A simple key point to differentiate the two is a suspended license is bad and a revoked license is very bad -- a suspended license is a temporary hardship, but a revoked license is permanent.
A suspended driver's license means your license is temporarily out of service. You cannot legally drive with a suspended license. There are two types of suspended licenses: definite and indefinite. A definite suspension of your license will end once the suspension period ends and you have paid the necessary suspension termination fees which vary by state.
Licenses can be suspended for several different reasons and offenses vary by state, but a few common reasons for definite suspensions are alcohol or drug related moving violations, driving without liability insurance, or receiving too many traffic tickets. A revoked driver's license means your license has been fully canceled and cannot be reinstated. If you pass the tests, a new driver's license will be issued -- your old one will not be reinstated.
It is also possible to have your driver's license revoked or even permanently revoked due to multiple driving offenses, medical conditions, and age. Your driver's license status is important when it comes to your car insurance.
What does it mean when someone is sentenced to 20 years but 17 suspended?
Having your driver's license suspended or revoked will probably get your insurance policy non-renewed. It is possible to insure a vehicle without a driver's licensebut it is not easy to find an insurance carrier willing to do it.
Expect to be an excluded driverand pay a higher rate. Accessed Jan. National Conference of State Legislatures. Commonwealth of Massachusetts. Car Insurance High Risk Insurance. Full Bio Follow Linkedin.You may be thinking of a 5 year sentence with 3 years extended licence? That's essentially a 5 year sentence 2 and a half inside and 2 and a half outside, plus another 3 years licence in the community, making 5 and a half years licence.Trump announces new travel restrictions in coronavirus briefing
Check the wording of the sentence and maybe add to your question, you could be talking about several types of sentence and I'd like to be accurate for you. You definitely can't get a suspended sentence for anything more than 52 weeks, that's for sure. It means in theory that they will serve two years of the sentence in prison and then be released into the community for the remainder of the five years.
Provided they don't commit further offences during those three remaining years, they remain free. If they do misbehave, they risk being returned to gaol to serve the entire sentence.
How much time they actually spend in gaol after sentence is passed will depend on whether they were remanded in custody up to that point. Any time they have spent in custody will count towards the eventual sentence. If in addition part of the sentence is remitted for good behaviour, they may end up serving little or no time inside. If they don't get in trouble again within 3 years - they are done with their sentence.
No jail time. If they have more trouble with the law in that 3 years - they will go serve the 5 year prison sentence.
It means that if they steer clear of the law for 3 years the 5 year sentence will be quoshed. If they get in to trouble within the 3 years they'll go to the slammer for 5 years. They are required to serve 2 years in gaol usual rules about remission. If they commit another offence within the following 3 year period they are automatically returned to gaol to serve whatever remains of the 3 years.
It is supposed to act as a deterrent. I certainly have seen human beings get 30 to one hundred twenty days for their third dwlr conviction.
Have in no way seen a 4th yet do think of he gets a while. Is he on probation? Does he have a checklist? If that are revoked rationalization for dui then that is totally undesirable. Answer Save. Rob L Lv 4. Means they'll only serve about 2 years. The maximum suspendable sentence is 52 weeks. Doethineb Lv 7.
Blue Haired Old Lady Lv 7. What do you think of the answers? You can sign in to give your opinion on the answer. I think. Vamp Lv 7.
Crown Royal Lv 7. It means they only will have a maximum of two years in jail.The court may decide to delay the prison sentence to allow the defendant a period of probation, or to undertake treatment for an addiction, or to meets conditions in the community. If the defendant breaches the terms of the suspended sentence, or commits another offence, they are likely to be sent to prison to serve the original prison term imposed.
A suspended sentence may be accompanied by a fine, but the court cannot impose a community sentence at the same time as suspending a prison sentence. Once the court has decided a prison sentence is appropriate, it must then consider whether it should and can suspend it. If so, it can suspend the sentence or aggregate of sentences for between six months and two years.
This is known as the operational period. Prison sentences may also be suspended where young people over 18 are sentenced to detention in a young offender institution. If a judge decides to impose a suspended sentence, the defendant must comply with the requirements imposed during the suspension period which must not be longer than the operational period.
The terms of the suspension period may require the defendant to undergo any of the following:. If the defendant commits a further criminal offence during the operational period, it is likely the prison term must then be served.
If the defendant breaches the terms of the suspended sentence, or otherwise fails to comply with its terms — the custodial term is likely to be activated. In fact, there is a presumption that the suspended prison term will be activated in full or in part where the terms are breached, unless it is unjust. Normally, the Crown Court deals with all breaches of suspended sentences irrespective of where the sentence was passed.
However, it can commit the case to the Crown Court if its powers to deal with the defendant are considered inadequate.
A former solicitor, Nicola is also a fully qualified journalist. For the past 20 years, she has worked as a legal journalist, editor and author. Suspended Prison Sentences What is a suspended prison sentence and what does it mean? When can a suspended sentence be imposed? What is the effect of suspending a sentence? The terms of the suspension period may require the defendant to undergo any of the following: unpaid work requirement activity requirement programme requirement prohibited activity requirement curfew requirement exclusion requirement residence requirement mental health requirement drug rehabilitation requirement alcohol treatment requirement supervision requirement attendance centre requirement where the offender is aged 25 or under What is the effect of breaching a suspended prison sentence?
Alternatively, the court can: a. Article written by Still have a question? Ask a solicitor online now Ask My Question.