A Union County criminal attorney can explain that there are different ways in which a criminal defendant may be able to receive probation. The options are outlined below.
One way that a criminal defendant may be sentenced to probation is if his or her sentence is suspended.
Probation Is Suspended
Alternatively, a sentence may be originally imposed but its execution may be suspended. The court declares how much time the defendant will be required to serve. However, it follows up this statement by stating that it is choosing to suspend the execution of the sentence. If this occurs, the court can re-sentence the criminal defendant if he or she violates the terms of probation for any period of incarceration so long as it does not exceed the statutory maximum. If the court revokes probation, it will order the defendant to serve the time that was originally suspended.
Sentence of Probation
A final option is for the judge to sentence the defendant to probation. If probation is revoked under this scenario, the court can impose the statutory maximum.
Another form of supervision that the court may impose is supervised release. This does not change the amount of time that a criminal defendant will be incarcerated. It also does not substitute for incarceration. Instead, the criminal defendant serves the required time and then serves an additional period of supervised release, as a Union County criminal attorney can explain.
For more information on probation or parole, contact a Union County criminal attorney at Khan Law Offices.