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.
Delaware Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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PBJ works as follows: The offender enters a plea of guilty or nolo contendere. The Court defers further proceedings and the entry of a judgment of conviction against the offender. The Court places the offender on probation for a period of time with such terms and conditions as the Court decides are appropriate.
The Delaware probation system establishes different levels of monitoring, starting at Level I where the person is low risk and has minimal need for supervision. Levels II and III are moderate to high in terms of risk and needs, with more frequent probation officer meetings. At Level IV, a person is in home confinement.
After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.
If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.
Level I - Unsupervised probation: you do not have to report or meet with a probation officer. You must simply stay arrest free and comply with any special conditions of probation. Level II - Supervised probation: you have to show up to meet with a probation officer. The probation officer can come search your house.
Level V custody refers to incarceration in a jail/prison. Level IV custody refers to Work Release Centers, Home Confinement (electronic monitoring), Residential Drug Treatment, Violation of Probation Centers.
Probation and Parole Level II (Moderate Risk/Needs) Regularly scheduled office visits - usually one office visit a month. Reporting required as directed by Probation & Parole Officer. Abide by conditions imposed by the Court.