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.
Ohio Motion for Probation or Conditional Discharge
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FAQ
How Long Will an Offender Spend in Prison in Ohio? Offenders sent to prison will generally serve 80% or more of their sentence, plus several years on PRC (if applicable).
Under Ohio Revised Code Section 2929.20, judicial release allows eligible inmates to be released from custody and convert the remainder of their sentence to probation. To be considered eligible, an offender first cannot be serving a mandatory prison sentence.
You must be serving at least one non-mandatory sentence. However, you are not eligible during any period you are serving a mandatory sentence. Once granted, any time you have remaining on your sentence becomes suspended time, and you will be given 1 to 5 years of community control (local supervision).
Felonies can be first, second, third, fourth, or fifth-degree offenses. First-degree felonies are the most serious class of felony, and fifth-degree felonies are the least serious. Felony sentencing laws in Ohio also include unclassified felony offenses. Unclassified felonies are not categorized by degree.
Community control, also known as probation, is an alternative to incarceration. This means that if you are convicted of a crime, the judge might decide to sentence you to community control instead of a jail or prison term, provided that imprisonment for the specific offense is not mandated by law.
Section 2945.71 | Time for trial. (2) Within ninety days after the person's arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days.
Under Ohio Revised Code Section 2929.20, judicial release allows eligible inmates to be released from custody and convert the remainder of their sentence to probation. To be considered eligible, an offender first cannot be serving a mandatory prison sentence.
