What is a "Joint Suspension"?

LOS ANGELES FELONY DEFENSE LAWYER

"Joint Suspension" is a slang term often thrown around in jail.  The first word, "joint" refers to prison (as in "the joint"), not the joining of any two things, and certainly not to a marijuana cigarette.  The second word, "suspension" does not refer to any license suspension or time away from school.  What the term "joint suspension" typically refers to is what is legally called a suspended prison sentence.

Most felony charges in California are punishable by three different amounts of time in state prison.  The most frequent of these "triads" is 16 months-two years or three years.  This means that for most felonies, including simple possession of a controlled substance (HS 11350) could land you in prison for up to three years.  Some other, more serious felonies, can carry longer ranges of time in state prison.

To avoid a prison sentence, someone charged with a felony must either beat the charges outright (by securing a dismissal or a trial win), get the charges reduced to a misdemeanor, OR be granted probation.  A probation sentence means that the defendant will not be sentenced to State Prison time, even though the conviction is for a felony charge that calls for a prison term.  Often, a condition of probation will be to serve some time in County Jail (up to a one year sentence), followed by supervision through the probation department.  (NOTE:  Due to LA County Jail Overcrowding, defendants are released VERY early, often serving less than 10% of their sentence.  This is a strong reason to want to avoid a prison term.  One year in County Jail can be served in as little as two months.  On the other hand, a 16 month prison sentence will be at least 8 months!).

This is where the "Joint Suspension" comes into play.

When probation is granted, the prison sentence is suspended.  This means that it is not immediately imposed.  This gives the judge two options.  First, the judge may simply suspend imposition of the sentence.  This is the better option.  If a person is found in violation of probation, the judge may impose any of the prison terms available (low-middle-high).  The judge may also reinstate probation with or without additional jail time.  The other option, is called a suspended execution of sentence.  Here, the judge will impose a prison term (often the high term for the offense) but suspend its actual execution (remanding defendant into the custody of the state Department of Corrections to be brought to prison).  At sentencing, the judge will sometimes add that "ANY VIOLATION WILL TRIGGER EXECUTION OF THE HIGH TERM." 

This is a bit of a double edged sword.  It can be viewed as a second chance, and a great way to avoid state prison time on a serious felony offense.  On the other hand, violating probation can have very serious consequences.  Even minor violations can land a probationer in state prison with a suspended sentence.  This is an important consideration for anyone facing felony charges or a possible violation of felony probation.  Is the defendant going to be successful on probation?  Or will they violate, potentially serving more time than if probation had not been originally granted.

When facing felony charges in LA, having a knowledgeable, skilled Los Angeles criminal defense attorney is absolutely essential.  Navigating this difficult system the right way can have a big impact on the outcome.  If you or a loved one are facing felony charges and hope to avoid prison or jail time, it would be wise to enlist the services of a defense lawyer with a successful track record in similar cases.

In addition to avoiding prison, a probation sentence would make a person convicted of a felony eligible for a 1203.4 dismissal petition ("Expungement"), rather than having to wait years for a certificate of rehabilitation or governor's pardon.  A probation sentence can also help to avoid some of the negative immigration consequences associated with a felony conviction.

If you or someone you know is facing a new felony charge, or a possible violation of felony probation with a suspended sentence, contact the Law Offices of Nicholas Loncar for a free consultation.  Our office has an excellent track record of keeping clients out of prison.  Los Angeles Criminal Defense Attorney Nicholas Loncar can help.

FREE CONSULTATIONS 213-375-3775

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

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