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.
Arkansas Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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SIS: This option is to be used when the offender is placed on Suspended Imposition of Sentence. If a sentence of SIS includes a term of incarceration (Probation/SIS Plus), the Order has a section for entering the amount of incarceration time in either days or months.
Felonies in Arkansas Class Y Felony: Carries a minimum sentence of ten years, with a maximum of 40 years to life. Examples include murder, rape, arson, and kidnapping.
Act 531 created the Arkansas Department of Community Correction (ACC), which oversees three major areas: probation, parole, and the Community Correction Centers. This Act also provides that an offender who has been convicted of a target group offense may have his or her record sealed.
It is important to remember that convictions for felonies and misdemeanors typically stay on your record for life. There is a possibility for your record to be sealed, but it depends on the circumstances of your situation and the severity of the crime.
Arkansas's First Offender Act offers conviction relief for people who have never before been convicted of a crime. Under the First Offender Act, if you successfully complete your probation and you are a first-time offender, you may have your record sealed or expunged in many cases.
(d) If a court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his or her suspension or probation, the court may revoke the suspension or probation at any time prior to the expiration of the period of suspension or probation.
93-303 (Act 346 of 1975) The First Offender Act is a rare and special way to enter a plea of guilty or no contest and then after a period of probation, if you apply properly, the judge dismisses and expunges the charges against you.
Generally defined, a habitual offender is a person who has been convicted of an offense and they have prior convictions on their record. In Arkansas, if someone is designated a habitual offender, they will be subject to enhanced sentencing upon conviction for the current crime.