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.
Florida Motion for Probation or Conditional Discharge
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Unlike parole, conditional release is not discretionary release. Upon release from prison, inmates who are subject to conditional release are supervised for a period of time equal to the gain-time that they received in prison.
Criminal Procedure and Corrections § 948.06. Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
Section 984.04(4) of the Florida Statutes indicates that the probationer, or the probation officer, has the opportunity to file a motion asking the court to either terminate probation entirely or reduce the level of scrutiny from supervised to administrative probation.
Although the motion for early termination can be filed at any time, the court is most likely to terminate probation or community control when: all special conditions are complete; and/or. you have completed at least one-half of the term of probation originally imposed.
(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
948.04 Period of probation; duty of probationer; early termination; conversion of term. 948.041 Notification of outstanding terms of sentence upon termination of probation or community control. 948.05 Court to admonish or commend probationer or offender in community control; graduated incentives.
(1) Any state court having original jurisdiction of criminal actions may at a time to be determined by the court, with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant in a criminal case, except for an offense punishable by death, who has been ...