Can I ask for a suspended sentence instead of prison time?

UPDATED: Aug 17, 2012

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Can I ask for a suspended sentence instead of prison time?

I have ID theft charges and am looking at 13 months in prison. Can I ask for a suspended sentence instead of doing prison time?

Asked on August 17, 2012 under Criminal Law, Oregon


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can ask for probation or a suspended sentence, but a number of factors will determine whether or not your request will be granted.  These factors include (1) the nature of the all of the facts surrounding your allegations, (2) the attitude of the judge or prosecutor (3) your criminal history, and (4) any aggravating circumstances.  If you don't have much of a criminal history and have never been finally convicted of a felony, you will have a better chance of asking for and receiving a suspended sentence.

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