New Hampshire Motion for Probation or Conditional Discharge

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State:
Multi-State
Control #:
US-03338BG
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Word; 
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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

Joinder of Offenses and Defendants. (C) Are alleged to have occurred during separate criminal episodes, but nonetheless, are logically and factually connected in a manner that does not solely demonstrate that the accused has a propensity to engage in criminal conduct.

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

Class B Felony: Class B felonies are the less serious type of felony offenses. This does not mean that the penalties are light. A person convicted of a Class B felony will face a incarceration of 3 and ½ years to a maximum sentence of 7 years.

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 ...

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

Sentencing Procedures. (1) Following a finding or verdict of guilty the court shall hold a sentencing hearing and impose sentence without unreasonable delay.

(i) The party, who is served with interrogatories, shall serve his or her answers thereto, by mail or delivery in hand, upon the party propounding them within 30 days after service of such interrogatories.

LEGAL STANDARD A motion to dismiss asks the trial court ?to determine whether the allegations contained in the [Plaintiffs'] pleadings are sufficient to state a basis upon which relief may be granted.? ?K.L.N. Constr. Co.

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New Hampshire Motion for Probation or Conditional Discharge