Hawaii Motion for Probation or Conditional Discharge

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Multi-State
Control #:
US-03338BG
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Description

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.

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FAQ

Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.

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.

The court shall provide, as an explicit condition of a sentence of probation, that the defendant: (a) does not commit another federal or state crime during the term of probation; (b) reports to a probation officer as directed by the court or the probation officer; (c) remains within the jurisdiction of the court, ...

To obtain early termination, you must request a hearing with the court and file a motion for modification of probation at least two days prior to the hearing. The prosecutor and court must both receive the motion. Your lawyer may talk to the prosecutor in advance to see if they oppose the motion.

Hawaii Opportunity Probation with Enforcement (HOPE), or Hawaii HOPE, is a community supervision strategy for substance-abusing probationers. The main goals of Hawaii HOPE are to reduce drug use, recidivism, and incarceration.

If you violate probation the court has the option to either continue on probation or send you to prison. (This being said, ing to the 2000 report, some felony probation cases receive some jail time before they start their sentence of probation.

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Hawaii Motion for Probation or Conditional Discharge