Legal Question in Criminal Law in California
Below is:
Cal Penal Code 1203(a) Definition of Probation
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.
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So probation means:
A) the suspension of an imposition of sentence and revocable release in the
community under the supervision of a probation officer.
or
B) the suspension of the execution of a sentence and revocable release in the community under the supervision of a probation officer.
I am trying to find someone in California that can tell me what the difference is between:
suspension of an imposition of sentence
and
B) suspension of the execution of a sentence
Any response will be appreciated.
Thank you
John Olagues
1 Answer from Attorneys
Simple:
look in dictionary for 'imposition' and 'suspension'. Quite different word meanings.
- suspension of the imposition means delay of issuing/ordering whatever sentence may be imposed
- suspension of the execution means delay or abandonment of having to serve whatever sentence was imposed