This form is an official State of New York Family Court sample form, a detailed Juvenile Delinquency - Petition for Violation of Order of Probation or Conditional Discharge. Available for download in Wordperfect and Adobe pdf formats.
New York Petition (For Violation of Order of Probation Or Conditional Discharge)
State:
New York
Control #:
NY-3-40
Format:
Word;
PDF;
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How to fill out New York Petition (For Violation Of Order Of Probation Or Conditional Discharge)?
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FAQ
Is it classed as a conviction? No, unless the conditional discharge is breached and you are re-sentenced for the original offence. However for the purposes of filtering, it would be dealt with as a conviction.
If a probationer violates of the terms and conditions of probation, his or her probation officer may file a Violation of Probation (VOP) with the sentencing Court. The sentencing judge then may impose additional conditions to the probation order or may even impose the original sentence of incarceration.
You were convicted of a misdemeanor & it will stay on your record. The conditional discharge was part of the sentence - likely conditioned on you paying the restitution & paying the fines. Alternative sentences would've been jail or probation. You should disclose this on your employment application.
The severity of conditional discharge lies between court probation and court supervision. Conditional discharge differs from probation in that the offender is not required to report to a probation officer.Court supervision does not entail a conviction or jail time and can be expunged after completion of the sentence.
It usually takes anywhere between a few days to a few weeks for the warrant to be active. If you decide to hire an attorney, they can generally tell you whether or not you received a bond, what the probation officer is recommending, and how long...
A Juvenile Delinquent is a child over 7, but under 18 years of age (effective 10/1/19), who commits an act that would be a crime if it had been committed by an adult. Juvenile offenders, who are 13, 14, and 15 years of age, are not considered Juvenile Delinquents.Juvenile Delinquents do not have criminal records.
A Conditional Discharge is more serious because it requires a defendant, for up to a maximum period of 3 years, to not commit a further offence.
A conditional discharge is when you are not sentenced for your criminal offense so long as you do not get charged again. If you are to get charged again, you will be sentenced.
Usually 2-4 days is about as long as most courts will keep him without an update as you called it. Call the attorney and insist upon knowing what's going on with the case and ask why they're holding him for so long without giving him bail or sentencing him.