When a person is convicted of a crime and the court opts to sentence them to "execution of sentence suspended", this means that if that person violated any term of probation, the sentencing for the probation violation is already pre-set in the event probation is revoked. However, if a convicted person is sentenced to "imposition of sentence suspended", the state prison sentence is suspended under 1170 (h). In the event of a probation violation, there is no pre-set term of incarceration if the court decides to revoke probation. "Imposition of Sentence Suspended" is commonly known as "joint suspension". The differences between "joint suspension" and execution of sentence suspended may impact sentencing in the event of a probation violation and the Cour'ts ability to reduce a felony charge to a misdemeanor if an individual is eligible for relief under 1203.4.
Once probation is successfully completed, an individual may be eligible to have the conviction dismissed pursuant to 1203.4. If the conviction was for a crime considered to be a "wobbler" (a crime that can be charged either as a felony or a misdemeanor), the Court may or may not be able to reduce a felony charge to a misdemeanor before dismissing the charge outright. This depends on whether there was a "joint suspension" or "execution of sentence suspended". Call our offices today if you or a loved one have been convicted to explore your options.
Once probation is successfully completed, an individual may be eligible to have the conviction dismissed pursuant to 1203.4. If the conviction was for a crime considered to be a "wobbler" (a crime that can be charged either as a felony or a misdemeanor), the Court may or may not be able to reduce a felony charge to a misdemeanor before dismissing the charge outright. This depends on whether there was a "joint suspension" or "execution of sentence suspended". Call our offices today if you or a loved one have been convicted to explore your options.
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