Q: Can a convicted person, guilty of one criminal charge, be sentenced prison time and probation time?
If a person has been found Guilty of a crime, awarded a maximum prison sentence date, and completed the sentencing time, can probation be ordered by the judge during sentencing and must it be served after the maximum prison sentence date?
A:
Generally no. You may be confusing probation and parole. Both are alternative ways to serve a sentence outside of jail after a guilty finding. Probation means all of the sentence is served outside of jail unless the individual violates the terms of their probation. Usually, if the sentence is jail time, an individual is not placed on probation afterwards.
Parole is another alternative way to serve part of a sentence outside of jail. An individual qualifies for parole after first serving a certain amount of their sentence in jail. Mandatory minimums are different depending on the charges.
Either way, a judge usually cannot impose a lengthier sentence that the maximum allowed by law, whether it be probation, jail time, or a combination of jail time and parole.
Defendants should always consult with an attorney because exceptions to this general rule do exist. One example in New Jersey is Parole Supervision For Life.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
