A suspended sentence means a convicted person may not have to serve prison time if they meet certain requirements set by the state, but must prove they can live a crime-free life. The sentence may remain in effect for the term of the sentence or longer, and failure to cooperate with court orders may result in prison time. An unconditional suspended sentence means the person will never serve jail time or complete any program or probation.
In law, a suspended sentence concerns how a sentence might be interpreted after conviction and whether a person actually goes to prison. Often, when a sentence is suspended, this means that a convicted person does not have to serve a prison sentence, provided he meets other requirements set by the state. These requirements vary and depend on court decisions or actions permitted within a jurisdiction. Suspended sentences are usually only given to first-time offenders and do not mean that a person will not have a criminal record. Some juvenile courts allow documents to be closed or removed, and some adult courts will allow documents to be deleted, if any.
One way people receive a reprieve is if they are perceived by a court as first-time offenders, are unlikely to commit multiple crimes, and the crime is not very serious. Instead of sentencing these people to go to prison, people are given a prison sentence that they don’t serve. Instead of being in prison, they may need to meet with a probation officer, get counseling, or otherwise demonstrate that they are making amends and are being good citizens.
Probably the most important thing a person with this type of conviction has to prove is that they can live a crime-free life. With suspended sentences, the sentence is suspended only if the person is not charged and convicted of other crimes. Also, suspension is conditional on cooperation with whatever the court has ruled the person must do. It is quite easy with this form of suspended sentence that people end up having to serve a prison sentence if they commit other crimes or fail to cooperate with court orders.
When a judge issues a suspended sentence, it may remain in effect for the effective term of the sentence or longer. Setting aside a six-month sentence could mean that a person can’t be arrested for anything else during that six-month period. Alternatively, a longer period of time may be required. For example, a person may have to meet with a probation officer for several years before the court is no longer able to rule that a person actually needs to complete their sentence, if the person’s behavior is illegal or uncooperative.
Another type of suspended sentence is called an unconditional. This means that the person will never serve jail time and is not court-bound to complete any type of program or probation. It is still possible to have these convictions overturned if other crimes are committed, but usually as long as a person maintains the lawful behavior, this will not happen. These sentences may also remain on the record, even if they do not represent time served. Some light sentences may be removed from records after a certain period of time.
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