Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a)

• Category: Federal - District Court - National - Criminal - Expungement and Benefit Reinstatement Forms
• State: Multi-State
• Control #: US-CRIM-AO-246A
• Format: PDF

Description

Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a) Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a) is a legal procedure by which a person charged with a federal crime may have their case dismissed without a trial. There are three types of Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a): an Administrative Discharge, a Conditional Discharge, and an Unconditional Discharge. An Administrative Discharge is when the court finds that the accused is not likely to commit a crime in the future and that the prosecution would not be in the best interests of justice. This type of discharge is often used for first-time offenders or those with a small criminal record. A Conditional Discharge is when the court finds that the accused is not likely to commit a crime in the future and that the prosecution would be in the best interests of justice, but only if certain conditions are met. These conditions can include attending counseling, completing a drug treatment program, or any other condition deemed necessary by the court. An Unconditional Discharge is when the court finds that the accused is not likely to commit a crime in the future and that the prosecution would not be in the best interests of justice, regardless of any conditions being met. This type of discharge is usually reserved for those who have no prior criminal record or who have shown exemplary behavior during their trial. In all three cases, the Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a) will be issued by the court and will dismiss the charges against the accused.

Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a) is a legal procedure by which a person charged with a federal crime may have their case dismissed without a trial. There are three types of Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a): an Administrative Discharge, a Conditional Discharge, and an Unconditional Discharge. An Administrative Discharge is when the court finds that the accused is not likely to commit a crime in the future and that the prosecution would not be in the best interests of justice. This type of discharge is often used for first-time offenders or those with a small criminal record. A Conditional Discharge is when the court finds that the accused is not likely to commit a crime in the future and that the prosecution would be in the best interests of justice, but only if certain conditions are met. These conditions can include attending counseling, completing a drug treatment program, or any other condition deemed necessary by the court. An Unconditional Discharge is when the court finds that the accused is not likely to commit a crime in the future and that the prosecution would not be in the best interests of justice, regardless of any conditions being met. This type of discharge is usually reserved for those who have no prior criminal record or who have shown exemplary behavior during their trial. In all three cases, the Order of Discharge and Dismissal Under 18 U. S. C. Sec. 3607(a) will be issued by the court and will dismiss the charges against the accused.