It’s fairly common for criminal defendants to be sentenced to both incarceration and probation.
For instance, a convicted defendant might receive a punishment of 6 months in the house of corrections and 18 months of probation.
When such hybrid sentences are imposed, the defendant typically must serve his jail sentence before the probationary period begins.
The key case on this issue is Commonweath v. Ruiz, 453 Mass. 474.
According to the Supreme Judicial Court,
Where a defendant is sentenced to both incarceration and probation, probation typically begins on the defendant’s release from incarceration.
The SJC adds that a trial judge “is not barred from placing a defendant on probation during the period of his incarceration,” but “there must be evidence that the judge in fact did so.”
Placing a defendant on probation during his incarceration may be justifiable if the defendant is likely to continue his criminal behavior while in jail.
Again, citing the SJC:
placing a defendant on probation during the period of incarceration is uncommon and is typically reserved for cases where it can be foreseen that the person will cause trouble while jailed, e.g., as a member of a prison gang.
To read the full text of Ruiz, click here.