QUESTION:
There are no new charges and,its a 1st violation,can they enforce a 3yr suspended sentence
ANSWER:
Yes. I’m not aware of any violation so minimal that a suspended sentence cannot be imposed. The manner in which the sentence was suspended can sometimes be indicative of the likelihood of probation being terminated unsuccessfully on a first violation – Imposition of Sentence Suspended (ISS) vs Execution of Sentence Suspended (ESS). If a sentence of three years was imposed but the EXECUTION of the sentence was suspended, then a first violation will presumptively result in the three year sentence coming to pass.
