Can any portion of a minimum guideline sentence be suspended?

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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