Submitted by tooldude on Sat, 11/07/2009 - 04:09
How does split sentences work? let's say the judge gave me a 2 1/2 year split sentence, 4 months credit served/commited, balance of the sentence(2 yrs and 2 months) suspended for 10 years.
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Editor's Response
Here is some information and an explanation from the Massachusetts Court System Sentencing Guidelines:
The sentencing commission has recommended that the split sentence to the house of correction be retained. The split sentence to state prison, in contrast, has been eliminated.
Illustration 21: A defendant is convicted of a single count of Indecent Assault and Battery, a level 4 offense. Based on the defendant’s criminal record, the defendant’s criminal history group is considered to be group B (Moderate Record).
Under the commission’s split sentence policy, a judge would be permitted to give the defendant a sentence of 20 to 30 months in the house of correction with six months to serve, the remainder suspended, and three years probation subject to intermediate sanctions.
So, in your situation, if I am understanding your question correctly, it would seem that as long as you do not violate the terms of your probation and stay out of trouble for ten years, you do not need to do any more time in the house of correction. If you violate the terms of your probation, you may be required to do additional time in the house of correction.
If you violate the terms of
If you violate the terms of your probation, you may be required to do additional time in the house of correction.
that would be the balance of my sentence? is that what people do when they violated probation, just the balance and nothing more than that?
Split Sentence
Unfortunately there isn't really one answer. It depends on the crime you committed, your criminal record, the terms of your probation, and a number of other things. This is why you should sit down with an attorney to figure out the best argument to make to the judge.
The judge could impose the balance of your sentence. You could face additional time if you are on probation for more than one count and the judge runs the jail sentences consecutively. However, the judge does not have to send you to jail, he or she may listen to your attorney and decide the punishment for violating probation should be to extend your probation, impose a fine or require you to perform community service.
If the only term of probation you violated was a failed drug test, you should do everything possible to show the judge that was a one-time mistake. You could attend a drug counseling program, such as narcotics anonymous, every night until your hearing and bring the documentation to show the court. If it is a more serious drug problem you may want to consider enrolling in an inpatient program. You could ask you employer for a letter of recomendation to show the court you are employed. These are only a few examples, you should speak with an attorney to determine the best defense for you.
Kevin Gaughen Jr