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.
Alaska Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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Rule 35 - Reduction, Correction or Suspension of Sentence (a)Correction of Sentence. The court may correct an illegal sentence at any time. (b)Modification or Reduction of Sentence.
If the offender violates the probation conditions in a felony case, the probation officer can bring the offender back to court by filing a petition to revoke probation. The probation officer can arrest the offender before the hearing if the offender's conduct places the public or the victim at risk.
Rule 25 - Substitution of Parties (a)Death. If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.
Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.
100 - Conditions of probation (a) While on probation and among the conditions of probation, the defendant (1) shall be required to obey all state, federal, and local laws or ordinances, and any court orders applicable to the probationer; and (2) may be required (A) to pay a fine in one or several sums; (B) to make ...
What is an SIS? A suspended imposition of sentence (SIS) is a special judgment entering a conviction but suspending sentence for a set period of probation to give a defend- ant a chance to show his or her rehabilitation by complying with probation condi- tions.
Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.
Rule 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.