Can any portion of a minimum guideline sentence be suspended?

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Can any portion of a minimum guideline sentence be suspended?

I got charged with possession of methamphetamine. I just took a plea deal to be sentenced in my guidelines which is 1 year minimum 2 years 4 months maximum. Does that mean I have to do one year mandatory or Is it

possible to get 1 year and the judge suspend some of that year?

Asked on July 25, 2019 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A "minimum sentence" is exactly what it sounds like: the minimum that someone who is convicted of or pleads guilty to the offense must serve. The judge cannot suspend the sentence to below the minimum: you have to serve the statutory minimum.


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