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.
New Jersey Motion for Probation or Conditional Discharge
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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 ...
A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered. What makes it different from an absolute discharge is that there are conditions that the offender must follow. The conditions always come in a probation order.
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.
Conditional Discharge is an option only for people charged with a disorderly persons offense. A person charged with more severe crimes will typically not be eligible. It is available only to those being charged with a first offense, meaning they have never been convicted of a drug offense before.
If the individual successfully completes the terms of their probation, the benefit of a conditional discharge is that the charges against them will be dismissed. If they violate their probation, the judge would sentence them for the crime they pled guilty to committing.
A conditional discharge will appear on your criminal record for a certain amount of time, but it will not state that you pled guilty to the crime. The criminal record will show the discharge and the conditions of the sentence, such as attending counseling sessions or drug rehabilitation.
The conditional discharge can be attached to a criminal conviction or a non criminal conviction (violation such as disorderly conduct). It means if you satisfy the conditions set forth by the court, then no further punishment will be ordered.
