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.
California Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences.
Conditional Discharge is a modified, lesser version of probation with the significant difference being that monitoring is done by the court rather than a probation officer.It is a sentence of conditional supervision wherein the defendant is placed under the supervision of the court which monitors the defendant for a ...
A Penal Code § 17(b) motion is a petition asking the court to reduce a felony offense to a misdemeanor. This is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either. a misdemeanor or. a felony.
As used in this code, 'conditional sentence' means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer.
Conditional Discharge - This is slightly more severe than its absolute counterpart because it requires specific conditions to be met before the defendant is completely discharged. Additionally, the discharge will appear on their record for three years and will be removed when the period is finished.
A Conditional Sentence Order (CSO), commonly known as house arrest, is a jail sentence that the judge allows to be served in the community. A CSO is considered a ?last hope? sentence before significant jail time is imposed. The maximum sentence that can be imposed under a CSO is 24 months.
A conditional sentence is an imprisonment (jail) sentence, except that the offender serves the sentence outside of jail, under strict, jail?like conditions. Conditional sentences are sometimes called ?house arrest,? because they often require an offender to spend all or part of the sentence in their house.
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.