This form is an official State of New York Family Court sample form, a detailed Order - Violation of Order of Probation or Conditional. Available for download in Wordperfect and Adobe pdf formats.
New York Order (Violation of Order of Probation Or Conditional Discharge)
State:
New York
Control #:
NY-3-41
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FAQ
A violation of Conditional Discharge can lead to a defendant being sentenced to jail time. The best course of action would be to contact an attorney.
A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant's record.
Usually 2-4 days is about as long as most courts will keep him without an update as you called it. Call the attorney and insist upon knowing what's going on with the case and ask why they're holding him for so long without giving him bail or sentencing him.
Will a discharge affect my ability to get employment? A discharge will show up on criminal record background checks until such time as they have been purged. Even if purged from the national RCMP database, the local police may disclose the fact that a discharge existed.
A Conditional Discharge is more serious because it requires a defendant, for up to a maximum period of 3 years, to not commit a further offence.
The severity of conditional discharge lies between court probation and court supervision. Conditional discharge differs from probation in that the offender is not required to report to a probation officer.Court supervision does not entail a conviction or jail time and can be expunged after completion of the sentence.
If a probationer violates of the terms and conditions of probation, his or her probation officer may file a Violation of Probation (VOP) with the sentencing Court. The sentencing judge then may impose additional conditions to the probation order or may even impose the original sentence of incarceration.
When a conditional discharge is granted, the judge places the person on probation for up to three years, and imposes conditions (rules) that may include hours of community work service, counselling or rehabilitation programs, and restrictions on where the offender can go and who they can have contact with.
If you fail a conditional discharge, then you go back in front of a judge and are sentenced just as it you were pleading guilty. At the conditional discharge hearing, you pled guilty, but the judge didn't pronounce sentence.