New Mexico Order Releasing Defendant on Earned Probation
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FAQ
A conditional discharge will stay on the person's criminal record for three years, compared to an absolute discharge which only stays on your record for one year.
An offender subject to a conditional discharge in state court is still "under indictment" within the meaning of federal firearms statute, 18 U.S.C. § 922(n), until the condition, the completion of the term of probation, is met, because under a conditional discharge, the charges in the indictment are not extinguished ...
You are eligible to request early termination from probation or supervised release under the following circumstances: After you have completed at least one year of supervision, your attorney can petition the Court, or.
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.
A discharge is the extinguishment or release of a legal obligation or duty. For example, a discharge of the payment of a debt means you are no longer legally obligated to pay the debt.
If placed on probation under a deferred sentence, the court can dismiss all eligible charges in New Mexico per NMSA § 31-20-9, provided the individual completes probation. However, a deferred sentence is considered a conviction.
The order setting conditions of release shall (a) include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and (b) advise the defendant of (i) the penalties for violating a condition of ...
If the violation is established, the court may continue the original probation or revoke the probation and either order a new probation with any condition provided for in Section 31-20-5 or 31-20-6 NMSA 1978 or require the probationer to serve the balance of the sentence imposed or any lesser sentence.
