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.
Alabama Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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Mandatory Conditions of Supervision The defendant must not commit another federal, state or local crime. The defendant must not unlawfully possess a controlled substance. ... The defendant must cooperate in the collection of DNA as directed by the probation officer.
(a) The period of probation or suspension of execution of sentence shall be determined by the court and may not be waived by the defendant. The period of probation or suspension may be continued, extended, or terminated as determined by the court.
Mandatory Conditions of Supervision The defendant must not commit another federal, state or local crime. The defendant must not unlawfully possess a controlled substance. The defendant must refrain from any unlawful use of a controlled substance.
It's called a ?Rule 32 petition? because it's filed under Rule 32 of the Alabama Rules of Criminal Procedure. Generally speaking, someone would use a Rule 32 petition to attack their conviction once they've been convicted and once their appeals have gone final.
At any time during a term of probation, the sentencing court may terminate probation and discharge the probationer absolutely, after notice to the prosecutor. Early termination may result from a motion of the probationer or the probation officer, or on the initiative of the court.
If you've been accused of violating your probation in some way other than committing a new crime, your accused of what's known as a "technical violation". A technical violation can result in a number of consequences. Your probation officer can impose a punishment of up to three days in jail. This is called a "dip."
I am writing to request an early release from probation formally. I believe that I have successfully completed the terms and conditions of my probation and have demonstrated significant personal growth and positive changes since the start of my probation period.