However, if a defendant has an extensive criminal history or has been convicted of a violent crime, the judge is less likely to be lenient when it comes time to impose a sentence.
#What does imposition mean professional
The granting of probation in lieu of jail time may be granted for a number of reasons. Is a suspended sentence an option in your case?Ī suspension of sentence can be requested by any defendant however, this option is not a right and must be granted at the discretion of the judge. The judge has the right to revoke probation and order the defendant to serve the reminder of their sentence in jail. The defendant violated the terms of his probation. For example, a defendant whose crime called for a maximum sentence of 1 year was granted probation in lieu of jail time. In this more severe option, the judge can decide to impose the sentence that would have been ordered at the time probation was granted. This is at the discretion of the judge and the circumstances behind the violation. The judge may order additional restrictions, conditions or penalties on the probation. In this option, the judge can put the defendant back on probation. If the defendant violates their probation, the judge generally has two options: Probation is considered a more lenient ruling since the defendant will not have to serve time in prison. If the defendant successfully fulfills the terms of their probation, the court considers the sentence served. A suspended imposition of sentence (SIS) allows a defendant to be put on probation for a period of time without actually receiving a sentence from the judge. What is a suspended imposition of sentence?Īfter a California conviction in a criminal court, a judge can sentence a defendant to jail time, probation or in some cases, a combination of jail time and probation. This is why it is critical to hire an experienced San Diego criminal defense attorney who can explain all of your sentencing options and represent your best interests in front of the judge. For many California defendants, the possibility of a suspended sentence is unfamiliar. While a judge can sentence you to jail, he or she can also suspend your sentence and instead, put you on probation. In either case, it is up to the judge to deliver your sentence.