Photo by Ron Lach on Pexels.com

A suspended sentence is often imposed as part of a criminal defendant’s probation. 

According to M.G.L. c. 279, § 1,

When a person convicted before a court is sentenced to imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended and that he be placed on probation for such time and on such terms and conditions as it shall fix.

If the defendant violates the terms of his probation, either by committing a new offense or by failing to satisfy other requirements, the court can revoke his probation.

If this happens the court must impose the suspended sentence on the defendant. 

Rule 8(e) of the Massachusetts District/Municipal Court Rules for Probation Violation states that

Upon revocation of a probation order, any sentence that was imposed for the crime involved, the execution of which was suspended, shall be executed forthwith.

This is the judge’s only option, regardless of the nature of the facts which led to the probation revocation.

Alternatively, if there were no suspended sentence, the judge would have far more discretion. He could do anything from simply admonish the defendant to sentence him to the maximum penalty allowed under the law.

According to Rule 8 (f),

Upon revocation of probation in a case where no sentence was imposed following conviction, the court shall impose a sentence or other disposition as provided by law.

Thus, the judge can impose any sentence he chooses, provided it is within the bounds of the law.

Consequently, if you are dealing with a tough judge, there are times when a suspended sentence could severely limit his power and, at the same time, save you from several months or even years in jail.

Say, for instance, that you’re placed on probation for assault and battery which is punishable with up to 2.5 years in year.  As part of your plea agreement, you receive a 90 day suspended sentence.  Halfway through your probation you are arrested for a new offense.  You’re found in violation of your probation and your probation is revoked.  A tough judge may want to sentence you to a year or two in jail for the violation.  But, because there is a suspended sentence in place, the most the judge can do is impose the 90 day sentence.  In such a scenario, the suspended sentence worked to your advantage.

When weighing the pros and cons of a suspended sentence, you should consider the following. 

First, how long or how short is the suspended sentence?  Obviously, you’d want the shortest suspended sentence possible.  This would typically be 30-90 days. 

Second, ask your lawyer if the court handling your case is tough or lenient on probationers.  All probation departments are different.  Some show little to no mercy on their probationers during violation hearings.  Others are more forgiving.  In either case, the judge will usually go along with the probation department’s recommendations.  So, obviously, if you’re dealing with a tough probation department, it may be to your advantage to limit your sentencing risks by agreeing to a short suspended sentence as part of your plea. 

Finally, take the terms of your probation into consideration.  If you’re on unsupervised probation with no conditions, then you have less to fear from probation.  The only way that you’re probation can be revoked is if you commit a new crime.  On the other hand, if your probation comes with a number of requirements—drug screens, treatment programs, travel restrictions, etc.—the chance of incurring a violation and potential revocation increases significantly. 

Whether or not you should agree to a suspended sentence must be determined on a case-by-case basis with the aid of an experienced attorney familiar with the court hearing your case.