North Dakota Motion for Probation or Conditional Discharge

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Multi-State
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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

If the defendant violates a condition of probation at any time before the expiration or termination of the period, the court may continue the defendant on the existing probation, with or without modifying or enlarging the conditions, or may revoke the probation and impose any other sentence that was available under ...

Changing a sentence from a sentence of incarceration to a grant of probation constitutes a permissible reduction of sentence under this subdivision. Relief under this Rule may be granted by the court only upon motion of a party or its own motion and notice to the parties.

Class B felonies carry a maximum sentence of ten years' imprisonment and a $20,000 fine. Class B felonies include manslaughter, sexual imposition, and armed robbery. Class C felonies carry a maximum penalty of five years' imprisonment and $10,000 fine.

12-59-07. The parole board may grant parole to an inmate if the board is convinced the inmate will conform to the terms and conditions of parole the board or the department of corrections and rehabilitation may establish for the inmate.

(a) Sentence. After imposing sentence in a case that has gone to trial , the court shall advise the defendant of the defendant's right to appeal and of the right of a person who is unable to pay the costs of an appeal to apply for appointment of counsel for purposes of appeal.

In response, in 1995, the 54th Legislative Assembly enacted North Dakota Century Code Section 12.1-32-09.1, which required individuals to serve 85% of the court imposed sentence before becoming eligible for parole if they had been convicted of committing, attempting to commit, or being an accomplice to several violent ...

Following a dismissal under Rule 32.2(f) the defendant may not be further prosecuted for the offense involved. (2) if the court determines that the interests of justice require, order the agreement terminated, dismiss the prosecution, and bar further prosecution for the offense involved. (h) Pre-Charge Diversion.

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North Dakota Motion for Probation or Conditional Discharge