Cops and Courts

I frequently write stories about judges handing out “deferred” and “suspended” sentences (see this recent blog post for an example), and I sometimes wonder whether readers are familiar enough with the terms to understand exactly what they mean.

So, here goes:

A “suspended sentence” is when a judge suspends imposition of a sentence -  either in part or in full – to allow the defendant to perform a period of probation. The defendant then has an opportunity to fulfill the conditions of probation by not breaking any laws.

The difference between a “suspended” and a “deferred” sentence is that the charges remain on a defendant’s record in the case of a suspended sentence, while successful completion of a deferred sentence means the charges are stricken.

If a defendant violates the terms of a suspended prison sentence, the judge can impose only the suspended portion of that sentence; however, with a deferred sentence, the judge can impose the total maximum sentence allowed under the applicable statute.

“That’s why it’s fondly called the ‘cliff’ sentence,” says Deputy Missoula County Attorney Betty Wing. “If they do well, it can be taken off their record. But if they violate their conditions, they can be pushed off the cliff for the maximum sentence.”

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