Conditional discharge is a form of deferred adjudication in which the sentence is served with probationary conditions attached, under which the full penalty may be reinstated upon a violation of the terms of probation during the stated probationary period. Availability of conditional discharge, conditions and lengths of probationary periods vary by state and by the individual case. It is more commonly used in cases of first offenders and juvenile offenders.
Louisiana Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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Order you to serve a sentence of 15 to 90 days, depending on how many violations you've committed, if you were convicted for a crime other than a crime of violence or certain sex offenses, and if you've committed a technical violation of your probation.
The way to get the probation hold lifted is to have a probation revocation hearing in which the judge would determine the outcome. The probation hold may be as a result of the probation officer filing a Petition to Revoke and obtaining a probation warrant.
The most common probation violations include: Missing court or probation meetings. Failing to pay fines or restitution. Failing drug and alcohol tests. Failing to maintain employment. Incomplete community service. Unapproved associations with felons. Crossing state lines. Committing a new crime.
If you are found in violation of your probation contract, then the judge may: reinstate the same terms and conditions of probation, modify the terms of your probation to make them stricter, or. revoke the probation and place you in custody.
Committing a New Offense New criminal charges that result in criminal conviction during your probation period will mostly result in the judge revoking the initial probation. Not committing a new crime is among the major conditions of probation.
What are the most common probation violations? Avoiding a Drug Test; Being in Possession or Under the Influence of Drugs; Committing a New Offense; Failing to Report to Probation Services; Failing to Pay Restitution; Ignoring a Protection Order; Leaving the County of Residence Without Permission;
Conditions of Probation ? Art. 895 Make a full and truthful report at the end of each month. Meet his/her specified family responsibilities, including any obligations imposed in a court order of child support. Report to the probation officer as directed.
The offender fails to report to a parole or probation officer as required. This is one of the most frequent violations for which revocation occurs. Others include failure to participate in a stipulated treatment program and alcohol or drug abuse while under supervision.