A suspended sentence is a sentence that is imposed by the Judge but not required to be served, unless the defendant fails to satisfy a specific condition included in the Court's sentencing order. In most states, it is similar to, but not quite the same as, a sentence to probation or a deferred adjudication. Here are some examples that show the difference:
Under a typical deferred sentencing arrangement: You plead guilty to theft. The judge tells you to abide by certain conditions, including but not limited to staying out of trouble for a period of time. At the end of that certain time period, if you complied with the conditions, your guilty plea will be withdrawn and you will have no record of conviction. During this period, you may be under the supervision of the probation department. If you violate any of the court's conditions during this time period, you will be brought back to court for a hearing on the violation. If the court finds you did violate its conditions, the guilty plea becomes permanent and you will be sentenced. The sentence could be anything authorized by the charge to which you initially pleaded guilty.
Under a typical non-deferred probation arrangement: You plead guilty to theft. The court places you on probation for a period of time. If you satisfactorily complete the terms of your probation, the case is closed. But you still have a record of conviction. If you fail to abide by the conditions of probation, a petition to revoke your probation can be filed. After a hearing, if the judge finds you violated probation, he or she will re-sentence you, again in accordance with the penalties authorized by the crime to which you pleaded guilty. You might be given another chance and resentenced to probation or you might be sentenced to jail.
Under a suspended sentence arrangement: You plead guilty to theft. The judge sentences you to a year in jail but suspends the execution of the sentence for a period of time, contingent on your fulfilling certain conditions, one of which will be to stay out of trouble. At the end of the period, if you are in compliance, the case is closed and you never have to serve the sentence. But, the guilty plea stays and you will have a conviction on your record. And, if you are found to have violated the conditions during the period of suspension, unless the judge chooses to modify your sentence, you will be ordered to start serving the year in jail.
So under a suspended sentence, you know in advance what the penalty will be for violation. Under a deferred or probationary sentence, the sentence you receive after being found in violation of the specified conditions could be anything provided for by the crime to which you pleaded guilty -- from probation up to the maximum term authorized by statute. And, unless it's a deferred adjudication, even if you are in compliance at the end of the time period, you will have a criminal record at the end. Your state may or may not provide for expunging the conviction at a later point in time.
-- Jeralyn Merritt
