Also known as: balance of the sentence suspended · suspended sentence
Written by attorneys · grounded in primary & secondary sources — see below
A sentencing disposition in which a criminal defendant is sentenced to jail but credited with the time already served before trial, resulting in a suspension of the remaining sentence and release of the defendant from custody.
Dana, a mall kiosk clerk, was convicted of misdemeanor shoplifting. The court imposed a 60-day jail term but credited her with time served before trial and suspended the balance, releasing her immediately on conditions. If she later violates those conditions the suspended portion can be activated.
Rivera, a solo practitioner, missed multiple court dates and was convicted of misdemeanor contempt. The judge imposed a 30-day jail term, credited prior custody, suspended the balance, and released him on the condition of future appearances.
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Darius, a minor league baseball player, was convicted of misdemeanor assault after an altercation with a fan. The court sentenced him to 90 days in jail, credited time served, suspended the balance, and released him conditioned on counseling and good behavior.
Bryce, an apartment complex manager, was convicted of a misdemeanor housing-code violation. The court imposed a 30-day jail term, credited time already served, suspended the balance, and released him on condition of compliance with repair orders.
Erin, an auto shop mechanic, was convicted of a misdemeanor safety violation. The court sentenced her to 60 days in jail, credited time served, suspended the balance, and released her conditioned on avoiding certain work and attending a seminar.
Leo, a solo practitioner, was convicted of misdemeanor contempt for missing appearances. The judge imposed a 30-day jail term, credited prior custody, suspended the balance, and released him on condition of timely future appearances.
The Sixth Amendment requires appointed counsel in a misdemeanor prosecution whenever the court imposes a suspended jail sentence because that sentence carries the possibility of actual deprivation of liberty if conditions are later violated and the suspension is revoked.
No. The right attaches when the court imposes a term of imprisonment even if that term is suspended after crediting time served. The potential for later activation of the suspended balance creates the requisite threat of liberty deprivation.
The conviction and sentence violate the Sixth Amendment. The defendant may challenge the conviction on that ground because the suspended balance can be activated without a new trial, resulting in incarceration traceable to the uncounseled proceeding.
…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…