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.
New York Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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After you have completed at least one year of supervision, your attorney can petition the Court, or. After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.
If you'd like to end your probation, you can request that the judge terminate the probation early. Technically, you can do this at any time after being sentenced. However, a judge will be unlikely to grant your request unless you have completed at least half of your probationary period.
Probation conditions for convicted offenders Finding employment. No contact with known criminals. Staying away from high-crime areas. Performing community service. Keeping a curfew. Paying restitution to your victims. Passing drug tests. Attending substance abuse counseling.
The judge convicts you but suspends sentencing you, and instead releases you on conditions set out in a probation order. A conditional sentence. The judge gives you a jail term, but allows you to serve it in the community as long as you follow certain conditions.
Probation before judgment (PBJ) provides a means for a first offender to avoid having a conviction entered against him or her. PBJ works as follows: The offender enters a plea of guilty or nolo contendere. The Court defers further proceedings and the entry of a judgment of conviction against the offender.
A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered. What makes it different from an absolute discharge is that there are conditions that the offender must follow. The conditions always come in a probation order.
A conditional discharge is part of a sentence. A judge will sentence you to a conditional discharge indicating to you that there are several conditions that you have to meet in order for your sentence to be successfully completed.
A probationer is not allowed to move to another state to live without contacting that Receiving State. Permission is required FIRST from the Receiving State in most cases. The Sending State must complete a form that presents a snapshot of the case and forward it to the Receiving State.