a good friend of mine was given a sentence for theft. The judge sentenced him to ''10 years in the department of corrections. will suspend that on the condition that he serve five years in DOC. He will then be placed on five years of active probation after he gets out, and during that period of probation he will pay one thouseand dollars at least a month toward his resitituion.'' So what is suspended? to me it looks like he got a 15 year sentence. I thought the max was 10 years.
please can someone explain this to me
1 Answer from Attorneys
Re: illegal sentencing
Since I was not there, and lay persons rarely get the particulars of a sentence correctly, it appears that 5 years of the sentence was suspended and he was to serve 5 years. I am just guessing here, but it might be that he was in jail unable to make bond, and since he automatically gets credit for time served, he may have enough time+credit equal to 5 years, so that he could be released immediately or shortly after sentencing and so he is backing up 5 years if he violates probation......
Related Questions & Answers
Can i practice law with a pardon? I pled guilty to a felony assult with a wepon when... Asked 1/21/04, 3:19 pm in United States Louisiana Criminal Law
Time Limitation For Arraignment Could you please tell me if Louisiana has a certain... Asked 1/19/04, 9:58 am in United States Louisiana Criminal Law
Pawning property of others i let a man hold my pistol icould not keep at my house... Asked 12/28/03, 1:32 pm in United States Louisiana Criminal Law
Having an employee arrested on possible theft I am an owner of a small video rental... Asked 12/04/03, 11:18 pm in United States Louisiana Criminal Law
Dropping a charge? Can someone drop a felony charge, after arraignment? Asked 11/24/03, 7:37 pm in United States Louisiana Criminal Law