Also known as: deferred sentences · suspended sentence
Written by attorneys · grounded in primary & secondary sources — see below
A sentence that will not be carried out if the defendant meets certain requirements such as complying with conditions of probation. The sentence remains in place and may be executed upon violation of those conditions.
Dwight Dorsey was convicted of misdemeanor assault after a bench trial. The court imposed a 90-day jail term but deferred execution on the condition that Dorsey complete counseling and avoid further incidents. When Dorsey later violated the conditions the court activated the jail term.
Daphne Doyle faced a misdemeanor charge after refusing a blood draw. The court imposed a deferred sentence of 30 days in jail conditioned on completing a substance-abuse program. Doyle's later failure to attend the program led the court to revoke the deferral and order her to serve the time.
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Derek Douglas was convicted of a misdemeanor after the court excluded his witness for a discovery violation. The judge then imposed a deferred sentence of 60 days conditioned on good behavior. When Douglas committed a new offense the court executed the jail term.
Diana Delgado received a deferred sentence of 45 days after her misdemeanor conviction. The sentence was conditioned on restitution payments. When Delgado failed to pay the court revoked the deferral and imposed the jail term.
Dominic Drake was convicted of a misdemeanor housing violation. The court imposed a deferred 30-day sentence conditioned on completing repairs within six months. Drake's failure to make the repairs caused the court to activate the jail term.
Daniel Diaz was convicted of a misdemeanor after making a threat. The court imposed a deferred sentence of 20 days conditioned on no further threats. When Diaz made another statement the court revoked the deferral and ordered him to serve the time.
Yes. A deferred sentence that includes a term of imprisonment carries the possibility of actual incarceration if conditions are violated. The Sixth Amendment therefore requires appointed counsel at the original proceeding for an indigent defendant.
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No. The constitutional test focuses on whether a jail term was imposed and may later be activated. A judge's personal expectation that the sentence will never be served does not eliminate the possibility of actual deprivation of liberty.
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Yes. The violation activates a sentence imposed without counsel. The defendant may attack the original conviction on Sixth Amendment grounds because the incarceration flows directly from the uncounseled proceeding.
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No. The right attaches at the time the deferred sentence containing a jail term is imposed. The threat of future incarceration requires counsel at the critical stage of trial and sentencing.
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…record," Malloy had no record as a felon. He had engaged once in an unlawful activity—pool selling—a misdemeanor and was given a suspended sentence. He had been on probation since that time and was on probation at the time of the inquiry. Again, unlike Hoffman , nothing in these questions indicates petitioner was called because he was…