Legal Question in Criminal Law in Massachusetts
If you get a suspended jail sentence for 1 year in massachusetts and you are surrendered doue to probation violations will you have to serve the full year incarcerated or will you serve a potion of the actual suspended sentence.
2 Answers from Attorneys
If a violation of probation is found and the judge decides to send you to jail, the judge has to impose the entire suspended balance. However, a judge does not necessarily have to give you jail time every time there is a violation of probation. IF the judge decides to give you jail time, the judge must give you the entire suspended amount.
While as my colleague stated, the judge has to IMPOSE the entire amount, it does not mean that you have to SERVE the entire amount. You may have credit for time served or become eligible for early release about half way through your sentence, assuming it's to the House of Corrections, and assuming you have no other open cases.
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