|
15 Jul
|
Posted by Mollo Law Firm
|
What is a deferred sentence? A judge has discretion to defer or postpone imposing sentence for a specified time, with conditions, in exchange for a guilty plea. Essentially, the judge reserves authority to impose a sentence. At the end of the deferral period, if the offender has met all conditions, charges are dismissed. In most states, the conviction becomes confidential information available to law enforcement and the courts, but not to the public. But if the offender fails to meet the conditions — e.g., commits another offense or fails to complete a treatment program — the judge may revoke the deferral and impose sentence.
Deferrals are usually limited to traffic offenses, misdemeanors, or first-time, nonviolent felonies. Actor Macauley Culkin received a deferred sentence and a fine for possession of anti-depressants without a prescription and marijuana.
What is a suspended sentence? A judge may impose sentence but suspend a portion, e.g., a ten year sentence with all but two years suspended. The offender must serve the two years, although in many state systems, time served can be reduced for good behavior. During the suspended period, the offender remains on supervised probation, with conditions. The judge may reimpose the rest of the sentence if the offender violates the terms of his release and probation. The time suspended hangs over his or her head, as an incentive, until the full sentence expires.
Conditions may include limited jail time, work release, payment of court costs, a fine, or restitution, treatment, community service, house arrest, or other terms aimed at rehabilitating the offender while protecting the victim and society.
Revocation and resentencing: If a condition is violated, the prosecutor where the case was originally handled files a petition to revoke the deferred or suspended sentence. Where possible, the case returns to the sentencing judge. The judge schedules a revocation hearing to determine whether the conditions were violated. The prosecutor’s burden of proof is usually “by clear and convincing evidence,” a lower standard than “beyond a reasonable doubt,” the standard for conviction. If a violation is found, the judge may continue the original sentence, modify the conditions of release, impose a sentence where sentencing was deferred, or impose all or part of a suspended sentence.
|
15 Jul
|
Posted by Mollo Law Firm
|
When a person is convicted of multiple offenses, the judge must impose sentence for each offense. The judge may require the sentences to be served concurrently, meaning at the same time, or consecutively, one after the other.
The factors a judge considers:
– Did the offenses arise from the same conduct? Concurrent sentences are typically imposed on offenses arising from the same incident, where the defendant’s actions violate multiple statutes. Example: a woman convicted of theft by forging her employer’s signature on a check is also convicted of forgery for the same act. Concurrent sentences are likely.
– Did the defendant intend to commit separate crimes? Say our forger then then destroyed a bank letter inquiring into the resulting overdraft. In covering up her theft by forgery, she committed a second crime, mail destruction. Consecutive sentences are likely.
– Was the defendant previously sentenced, in any court, to a sentence not yet completed? If she was on probation for a previous forgery — or an unrelated crime, such as assault — consecutive sentences are likely. In addition, her probation will be revoked, requiring her to complete her prior sentence.
– Were multiple incidents committed against the same victim? If our embezzler forged multiple checks over a period of months, she clearly had time to contemplate her actions and stop her criminal behavior. Again, consecutive sentences are likely.
Particulars vary from state to state. Some states mandate consecutive sentences for certain offenses, e.g., DUI and vehicular homicide (or any crime charged as the result of a death or injury the defendant caused while intoxicated). This is a legislative expression of public policy, based on the seriousness of the crimes. As always, the nature of the crime, the impact on the victim and community, and the defendant’s criminal history are major considerations.
And, as in any two-for-one deal, the higher sentence controls. Thus, if a two-year and a five-year sentence are imposed concurrently, the defendant remains subject to state control for five years.
Life sentences may be consecutive, and a sentence for another offense may be consecutive to a life sentence. This reflects a policy of imposing the sentence appropriate to the crime, regardless of the likelihood of the defendant actually serving it. In addition, such sentencing serves the philosophical roles discussed in an earlier column of rehabilitation, retribution, and deterrence.
| Category: Law FAQ's | Tag: concurrently, consecutively, convicted, judge, sentence, seperate crimes |
