A suspended sentence in Maryland refers to a criminal sentence where the court imposes jail or prison time but delays or “suspends” part or all of it. The defendant may avoid serving that time as long as they meet certain conditions set by the judge—often including probation, restitution, or completing treatment programs.
This sentencing option allows judges to hold a penalty over someone’s head without immediately sending them to jail. It’s often used to incentivize rehabilitation and compliance with court orders.
How Does a Suspended Sentence Work?
In Maryland, judges can suspend all or part of a jail sentence under Maryland Criminal Procedure § 6-221. There are generally two forms:
- Fully Suspended Sentence – The defendant serves no active incarceration, usually receiving probation instead.
- Partially Suspended Sentence – The defendant serves a portion of the sentence (e.g., 60 days of a 5-year sentence), and the remainder is suspended.
If the person violates probation or any other condition, the court can reimpose the suspended portion.
Why Would a Judge Grant a Suspended Sentence?
Judges may issue suspended sentences for many reasons, including:
- The defendant has no prior record
- The crime is non-violent or relatively minor
- The person accepts responsibility and shows remorse
- The judge believes probation and supervision are more effective than jail
Suspended sentences are especially common in first-time offenses involving theft, DUI, or drug possession—though they’re not guaranteed.
What Are the Conditions of a Suspended Sentence?
If you receive a suspended sentence, expect to follow strict conditions such as:
- Supervised or unsupervised probation
- No new criminal charges
- Community service
- Substance abuse treatment or mental health counseling
- Payment of fines, restitution, or court costs
Violating any of these conditions could result in the suspended time being reinstated. That means you may have to serve all or part of the original sentence in jail.
Can a Suspended Sentence Be Removed or Modified?
Under certain circumstances, yes. A defense attorney can request a modification of sentence under Maryland Rule 4-345, typically within 90 days of sentencing. In some cases, the court may reduce the active portion, adjust probation terms, or modify conditions. However, once the sentence becomes final and unchallenged for an extended period, options may be limited.
Is a Suspended Sentence a Conviction in Maryland?
Yes. Even if the jail time is suspended, a guilty verdict still results in a criminal conviction on your record. This can impact employment, housing, security clearance, and future court proceedings. However, depending on the charge, some convictions with suspended sentences may later be eligible for expungement, particularly if probation before judgment (PBJ) was used instead.
What Happens if You Violate a Suspended Sentence?
Violating the terms of a suspended sentence or probation can trigger a violation of probation (VOP) hearing. At that hearing, the judge has discretion to:
- Reinstate the suspended jail time
- Extend or modify probation
- Add stricter conditions
- Revoke probation altogether
Your original sentence becomes the maximum potential penalty you now face.
Common Crimes That Involve Suspended Sentences in Maryland
Suspended sentences are frequently imposed in:
- DUI and DWI cases
- First-time drug possession
- Theft and shoplifting
- Second-degree assault
- Driving on a suspended license
The availability and terms of a suspended sentence will vary based on the judge, prosecutor, and circumstances of the offense.
Speak to a Southern Maryland Criminal Lawyer Today
If you’ve been charged with a crime and are concerned about jail time, a Southern Maryland criminal lawyer can help you pursue a suspended sentence or another favorable resolution. At Southern Maryland Criminal Defense, we advocate for second chances—especially for those facing jail for the first time.
📞 Schedule your consultation now to discuss your case and learn your options.
