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How Do Split Sentences Work in Utah?

If a criminal defendant is found guilty, they will proceed to the sentencing phase of their trial. Sentencing is a complex process, and criminal sentencing is often subject to state-imposed guidelines as well as judge discretion. A split sentence may be possible, and you could spend less time behind bars than you anticipate.

A split sentence in Utah involves a convicted defendant serving a portion of their sentence incarcerated and the remainder on supervised release. You may be released on probation or parole and must regularly check in with the law enforcement official overseeing your case. Defendants often prefer split sentences because they allow them to get out of jail or prison sooner.

Ask our Ogden, UT criminal defense lawyers at Overson & Bugden for a free, private case review by calling us at (801) 758-2287.

What is a Split Sentence in a Utah Criminal Case?

Split sentencing is a common sentencing option in Utah, but it might not be available in every case. Defendants often prefer a split sentence because it allows them to be released from incarceration sooner.

Combination of Incarceration and Supervised Release

A split sentence combines time in jail or prison with time on supervised release. Convicted defendants may be sentenced to probation, and the court may impose a term of incarceration of up to 1 year. Keep in mind that the time you spend on supervised release may be quite long, and you risk being sent back to prison or jail if you violate the terms of your supervision.

Why Split Sentences Are Imposed

Split sentences may be imposed according to Utah Sentencing Guidelines. It may be imposed if the guidelines direct it or because the judge has discretion to deviate from the Sentencing Guidelines. Legally, split sentences are referred to as “Jail as a Condition of Probation.” This means that a term of incarceration may be imposed as part of a probation sentence.

Judges may impose such a sentence to show leniency based on mitigating factors. In other cases, a judge may impose a split sentence pursuant to a plea agreement between the defendant and the prosecutor. Your attorney should help you determine if a split sentence is possible in your case.

How is a Sentence Split?

Exactly how long you spend in jail and how long you are on probation or supervised release depends on your charges. The judge will likely use the Utah Sentencing Guidelines to make this determination. Generally, convicted defendants do not serve more than 1 year in jail under a split sentence.

How Can I Get a Split Sentence in My Criminal Case?

While sentencing can be difficult to predict, our Utah criminal defense lawyers may be able to help you obtain a split sentence and, hopefully, avoid a lengthy term of incarceration.

Plea Agreements

Split sentences may be arranged through a plea agreement. Prosecutors can offer to advocate for a split sentence during the sentencing phase of your trial if you agree to plead guilty. Remember, the outcome of this kind of plea agreement is not guaranteed. Prosecutors do not control sentencing; judges do. While a judge may seriously consider the prosecutor’s sentencing recommendations, they must approve a plea deal for a split sentence.

Need for Reintegration

A judge may be inclined to impose a split sentence if they believe it will help a defendant better reintegrate after their sentence is complete. Some time behind bars may serve as a penalty, while a lengthy probation term may help the defendant avoid recidivism and remain crime-free after their sentence is done.

Mitigating Factors

Certain mitigating factors may influence a judge to impose a split sentence. The crime itself may warrant a serious penalty, but unique factors surrounding your case may call for more leniency. Judges often find that split sentences strike a good balance between penalties and leniency.

FAQs About Split Sentences in Utah Criminal Cases

What is a Split Sentence in a Utah Criminal Case?

A split sentence combines incarceration and supervised release. Generally, a convicted defendant may be sentenced to a fixed term of imprisonment before release. Once released, they are under strict supervision and must regularly check in with the authorities and abide by strict terms that restrict their behavior.

Is a Split Sentence Good or Bad?

Defendants may prefer a split sentence because it allows them to be released from prison or jail sooner. However, others dislike the idea of spending a long period under law enforcement supervision. While your attorney may help you argue for one sentence or the other, sentencing is ultimately up to the judge.

Why Do Judges Impose Split Sentences in Utah Criminal Trials?

Judges may impose a split sentence as a way of showing leniency while still imposing penalties against a convicted defendant. Defendants would often rather serve their sentences at home on supervised release than in prison. A judge may also impose a split sentence if they believe it will better help a convicted defendant reintegrate after incarceration ends.

How Do I Get a Split Sentence?

In some cases, a split sentence may be imposed at the judge’s discretion, and we can urge them to consider it at sentencing. At other times, a split sentence may be part of a plea agreement with prosecutors, but the judge must approve the plea agreement.

How Long Will I Be Incarcerated Under a Split Sentence?

The length of incarceration for a convicted defendant under a split sentence depends on their specific circumstances. A split sentence may involve several years behind bars and several more years on supervised release. Your period of incarceration will largely depend on what kind of charges you were convicted of.

What Happens if I Violate the Terms of My Supervised Release Under a Split Sentence?

Once you are on supervised release as part of a split sentence, you must abide by the terms of your supervision. This may include curfews, checking in with law enforcement, and other restrictions. If you violate the rules, you risk being returned to jail or prison to complete the remainder of your sentence.

Contact Our Utah Criminal Defense Lawyers for Support Now

Ask our Park City, UT criminal defense lawyers at Overson & Bugden for a free, private case review by calling us at (801) 758-2287.