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


Asked on 9/04/18, 6:15 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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

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Answered on 9/05/18, 9:18 am


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