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Suspended sentences - CrimeLine A suspended sentence is a sentence of imprisonment. When assessing the length of the operational period of a suspended sentence, the court should have in mind the relatively short length of the sentence being suspended and the advantages to be gained by retaining the opportunity to extend the operational period at a later stage (see below). Sentencing Guidelines: See: 2.2.22 If the new offence is non-imprisonable, the sentencer should consider whether it is appropriate to activate the suspended sentence at all. www.wikicrimeline.co.uk /index.php?title=Suspended_sentences   (2204 words)

Sentencing Alternatives: Prison, Probation, Fines, and Community Service   (Site not responding. Last check: ) A determinate sentence is a fixed-term sentence pronounced by a judge. Sometimes a defendant's prison sentence is "suspended." A suspended sentence is jail or prison time that is put on hold if the defendant complies with certain other obligations, for example, the conditions of probation or the completion of a drug treatment program. Under a suspended sentence, if the prosecution or probation department can convince a judge that the defendant violated the condition that led to the sentence being suspended in the first place, the judge has authority to order the defendant to serve the original sentence. www.nolo.com /encyclopedia/articles/crim/alternatives.html   (327 words)

Suspended sentence - Wikipedia, the free encyclopedia It is the passing of the sentence, not the sentence itself that is being suspended. Suspended sentence is necessary for probation, but in cases where the penalty is recorded as suspended sentence it is often given to mitigate the effect of the penalty. It is common practice for judges to hand down a suspended sentence to first-time offenders who have committed a minor crime, and for prosecutors to recommend a suspended sentence as part of a plea bargain. en.wikipedia.org /wiki/Suspended_sentence   (182 words)

FAQ's- David Alan Palmer, P.C. Determinations as to whether a sentence or incarceration practice is violative of this prohibition have to be made on a case by case basis. A sentencing recommendation may be for a suspended imposition of sentence, a suspended execution of sentence, a "cap" or maximum amount of jail time that may be imposed by the court, the amount of any fine, or restitution for damages. A suspended imposition of sentence means that the conviction will be removed from your record and the court files sealed after you successfully complete the terms and conditions of probation as determined by the court. www.davidpalmerlaw.com /faq.html   (5051 words)

Re: suspended sentence - Criminal Law | LawGuru A suspended sentence means that the court will impose a certain number of days in jail and/or fine (maximum for 4th Degree Assault is 365 days and $5000 fine) and you would only have to serve part (or none) of the sentence. For example, you could be sentenced to 365 days in jail and have to serve 30 days; the balance of 335 days would be suspended. To vacate a conviction after a suspended sentence, you must have complied with the conditions of the judgment and sentence and have spent 3 years in the community without being convicted of any new offense. www.lawguru.com /cgi/bbs/mesg.cgi?i=174194588   (366 words)

DWI Benchbook - Sentencing Sentencing for a DWI offense is governed by the applicable statute or ordinance. If the sentence is suspended or deferred, the judge may place the defendant on probation for all, or some, of the period of deferment or suspension and may impose conditions that are reasonably related to the defendant’s rehabilitation. Suspending or deferring a sentence and imposing probation is an act of clemency, not a right of the defendant. jec.unm.edu /resources/benchbooks/dwi/ch_4.htm   (6800 words)

Habeas corpus - Wikipedia, the free encyclopedia Petitions for habeas corpus could be made by the prisoner himself or by a third party on his behalf, and as a result of the Habeas Corpus Acts could be made regardless of whether the court was in session, by presenting the petition to a judge. A prisoner is convicted in state court and sentenced to a term in prison. Habeas corpus was suspended on April 27, 1861, during the American Civil War by President Lincoln in Maryland and parts of midwestern states, including southern Indiana. en.wikipedia.org /wiki/Habeas_corpus   (3085 words)

Free legal services, law resources, attorneys advice, discounts, 4LawSupport.com Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period. www.4lawsupport.com /Alcohol_Violators.htm   (2420 words)

Probation and Suspended Sentence in Superior Court matters When the court sentences a person who has been convicted of a crime to be placed on probation, it may require him to serve a term of imprisonment not exceeding 364 days as an additional condition of its order. When the court sentences a person convicted of a disorderly persons offense to be placed on probation, it may require him to serve a term of imprisonment not exceeding 90 days as an additional condition of its order. When the court has suspended imposition of sentence or has sentenced a defendant to be placed on probation, the period of the suspension shall be fixed by the court at not to exceed the maximum term which could have been imposed or more than 5 years whichever is lesser. www.njlaws.com /probation_and_suspended_sentence_in_superior_court_matters.htm   (1739 words)

The Suspended Prison Sentence in Quebec - Ministère de la Sécurité publique. A suspended prison sentence, commonly known as a respite of execution, is a new sentence under the Criminal Code that allows more prisoners who have committed less serious crimes to serve their sentence within the community while subject to strict controls. Mandatory and optional conditions are attached to the sentence, primarily to foster the offender’s social rehabilitation and to ensure his or her good conduct. Moreover, the sentence gives offenders an opportunity to prove their ability to behave properly within society, accept responsibility for their conduct, and fulfill the mandatory and optional conditions attached to the suspended sentence. www.msp.gouv.qc.ca /reinsertion/reinsertion_en.asp?txtSection=miliouve&txtNomAutreFichier=sursis_en.htm   (852 words)

AGO_1971_No_039   (Site not responding. Last check: ) Page 3]] pursuant to RCW 9.92.060, such person may apply to the court by which he was convicted and sentenced to establish a definite termination date for the suspended sentence. In the case of a person granted a suspended sentence under the provisions of RCW 9.92.060, the court shall establish a definite termination date for the suspended sentence. Upon termination of any suspended sentence under RCW 9.92.060 or RCW 9.95.210, such person may apply to the court for restoration of his civil rights. www.atg.wa.gov /opinions/1971/opinion_1971_039.html   (1011 words)

SurfWax: News, Reviews and Articles On Suspended Sentence Rossmiller was given the suspended sentence in April for breaking into the home of his former girlfriend and sabotaging her wiring, and damaging her car... Prosecutors have agreed to recommend a one-year suspended sentence as long as the mother undergoes a psychological evaluation, complies with all conditions and does not prevent her son from undergoing dialysis treatments, scheduled to begin later this month. She was given a suspended sentence of two years in prison and put on probation for two years, according to records. www.lawkt.com /files/Suspended_Sentence.html   (4072 words)

Suspended Sentence Law and Legal Definition - USlegalforms.com A suspended sentence is a sentence rendered by a judge which will not enforced if the defendant meets certain conditions, such as, among others, performing community service, paying restitution to the victim, completing a drug or alcohol abuse treatment program, or staying out of trouble. State laws on suspended sentencing vary, but a suspended sentence may count as a conviction for enhancing penalties of future offenses. The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years. www.uslegalforms.com /legaldefinitions/s/suspended-sentence.php   (334 words)

allAfrica.com: Botswana: Student Gets Suspended Sentence for Manslaughter (Page 1 of 1)   (Site not responding. Last check: ) Sentencing 18-year-old Shadreck Katjake for manslaughter, Justice Modiri Letsididi noted that the accused person was convicted on his own unequivocal guilty plea of manslaughter. Its seriousness was espoused by the legislature that has prescribed the maximum sentence of life imprisonment, he said before passing the five-year imprisonment wholly suspended for three years. Ndawana submitted that the court was always at large to pass any sentence, including a non-custodial sentence or suspended sentence. allafrica.com /stories/200704251125.html   (848 words)

The Post & Mail   (Site not responding. Last check: ) In a separate case, on March 3 in Kosciusko County, she violated her probation by being sentenced to four years in jail with three suspended after pleading guilty to forgery and theft. Sentencing was set for June 5 by Judge James Heuer. Frankart had pled guilty to burglary, a Class B felony, possession of marijuana and resisting law enforcement and was sentenced to 10 years in prison with two suspended in October 2002. www.thepostandmail.com /articles/2006/05/09/news/news/news01.txt   (511 words)

Section 610-106 Suspended sentence prior to September 2   (Site not responding. Last check: ) Suspended sentence prior to September 28, 1981, procedure to close records. Any person as to whom imposition of sentence was suspended prior to September 28, 1981, may make a motion to the court in which the action was prosecuted after his discharge from the court's jurisdiction for closure of official records pertaining to the case. Having regard to the nature and circumstances of the offense and the history and character of the defendant and upon a finding that the ends of justice are so served, the court may order official records pertaining to the case to be closed, except as provided in section 610.120. www.moga.state.mo.us /statutes/C600-699/6100000106.HTM   (160 words)

AGO97-01   (Site not responding. Last check: ) Does a deferred or suspended sentence imposed by a judge in district court enable a defendant to have the subject sentence removed from the criminal history "record" upon successful completion of the terms and conditions of the sentence and concomitant dismissal by the sentencing court?   The deferral of sentencing or the suspension of the sentence is conditioned upon the requirement that the defendant comply with terms or conditions imposed by the court. After a conviction, the court may defer sentencing the defendant and place the defendant on probation and prescribe the conditions thereof, but in no case shall it extend for more than two years from the date of conviction. www.atg.wa.gov /opinions/1997/opinion_1997_1.html   (1925 words)

German Sasser worm author gets suspended sentence Sven Jaschan, 19, was sentenced today at the district court in Verden, Germany, according to a statement from the court. The court set the sentence at the upper end of the range because of the considerable energy Jaschan had devoted to developing better and faster versions of the worm, and because he had experienced "mischievous glee" when he was successful in this. The court suspended the sentence because Jaschan had made a full confession and shown that he could modify his behavior. www.computerworld.com /printthis/2005/0,4814,103019,00.html   (341 words)

Press Release - Judge Activates Suspended Sentence Against Mecklenburg County Resident RALEIGH – A suspended sentence was recently activated against a Mecklenburg County resident on charges filed by the North Carolina Department of Revenue after he failed to file state income tax returns. The judgment was suspended and Lunn was ordered to work out a payment plan with the Department of Revenue and to file his overdue income tax returns from 1990 to 2002. Norelli activated the suspended sentence and Lunn was taken into custody to begin serve the 45-day sentence. www.dor.state.nc.us /press/jul03/lunn.html   (241 words)

© The Fermanagh Herald - Court Stories Sentencing the defendant to a four month prison sentence, the Resident Magistrate Mr McFarland told the defendant that the normal practice was to send someone to prison for an offence of this nature. The defendant was described by the defending solicitor as a 'hard-working man' who was working to provide for his daughter who, the court was told, was present in the court with her father. Sentencing, Resident Magistrate Mr McFarland fined the defendant £500 and disqualified him from driving for three years for driving with excess alcohol. www.nwipp-newspapers.com /FH/free/325933378694154.php   (529 words)

Australian gets suspended sentence for distributing porn - World - www.smh.com.au Scoble, 56, was given a seven month sentence, suspended for two years, for the pornography offence and a second charge of employing an illegal alien. His sentence was slightly harsher as he had pleaded not guilty to both offences. I believe these magazines are not pornographic, although it (the suspended sentences) is a mercy on the part of the judge," lawyer Ratpratan Tulatorn said. www.smh.com.au /news/World/Australian-gets-suspended-sentence-for-distributing-porn/2004/12/24/1103825085733.html   (400 words)

iafrica.com | news | sa news Handling of child rape case stuns judge A Pretoria High Court Judge who got tough on two rapists, giving them life sentences, is shocked that in another case a Pretoria magistrate gave a child rapist a suspended sentence. Beeld reports that the legal counsel for the child rapist had questioned the character of the five-year-old victim because she was not a virgin. Monaledi handed down a suspended sentence to the rapist, Success Makwetsa (18), who was 17 at the time of the rape, and ordered that he pay for psychological counselling. iafrica.com /news/sa/891463.htm   (262 words)

Winslow man receives 10-year sentence He had a three-year prison sentence suspended on the condition he be on adult probation for one year, pay a $500 fine, $150 court costs and $250 for DNA sampling and attend anger management classes. Kenneth Ray Ketchum, 40, of Van Buren was found guilty of theft of property and had a three-year prison sentence suspended on the condition he pay a $1,000 fine, $150 court costs and $250 for DNA sampling, be on adult probation for one year and be subject to random drug testing. Bell had a five-year prison sentence suspended on the condition he pay $150 court costs and $250 for DNA sampling, add $100 a month to his child-support payment and forfeit a $568 cash bond. www.pressargus.com /articles/2006/09/13/news/news05.txt   (1152 words)

Simonet faces suspended sentence - CNN.com   (Site not responding. Last check: ) PARIS, France (Reuters) -- A call was made on Monday for a six-month suspended jail sentence for former French Federation (FFF) president Claude Simonet. He alleges Simonet and Bacourt, who faces a possible three-month suspended jail term, altered the FFF's accounts for the 2002/03 season with a 14 million euro deficit transformed into one of just 62,000 euros. Simonet is facing calls for a six-month suspended jail sentence. www.cnn.com /2007/SPORT/football/03/19/france.simonet.reut/index.html?eref=rss_latest   (180 words)

bakersfield.com - Suspended Sentence Weaver was convicted and sentenced to death in Kern County in 1985. Montiel was sentenced to death in 1979 for slashing the throat of a 78-year-old man during a robbery. He was sentenced to life in prison by a Monterey County jury in 1986 for the murder of his fifth wife, Glenna Kaye Catlin. ww2.bakersfield.com /2001/justice/overview.asp   (3619 words)

China gives Web writer suspended sentence - The Boston Globe The court sentenced Du, 41, to three years in prison for his activism, but suspended the penalty. Although Du's family couldn't be happier with the relatively light sentence, human rights and free-speech activists said the government's use of state-security charges and restrictions on Du's future activities left little to celebrate. Du's lawyer Mo Shaoping objected to the sentence and the suggestion that his client was guilty. www.boston.com /news/world/articles/2004/06/12/china_gives_web_writer_suspended_sentence   (418 words)

Oikeuslaitos - Suspended sentence A sentence of imprisonment of less than two years may be suspended, unless the criminal history of the offender or other circumstances require that the sentence of imprisonment be enforced at once. If the convict does not commit offences during the probationary period, he or she is not imprisoned and the suspended sentence lapses. If the suspended sentence exceeds one year, an ancillary sanction of community service may be imposed. www.oikeus.fi /16074.htm   (172 words)

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