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.
Oklahoma Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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FAQ
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.
A conditional discharge means your record won't show a conviction if you meet conditions the judge sets. The conditions come in a probation order that can last from one to three years.
Example: John was sentenced to five years in prison for theft. After serving three years, he was granted an unconditional discharge, which meant that he was released from prison without any conditions attached.
Conditional discharge is a legal judgment that essentially states that a defendant is guilty of a minor crime; however, the defendant is not formally convicted and the judgment is removed from the person's record after a period of time as long as various conditions are met.
The primary difference between a peace bond and a conditional discharge is that with a conditional discharge you are required to plead guilty in front of a Judge and make an admission of guilt. Again, a peace bond does not require a guilty plea OR an admission of guilt.
Travelling to US After Conditional or Absolute Discharge While a discharge is not a conviction, it is still considered evidence of guilt and could mean that a person is inadmissible to the United States.
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. Conditional discharge often requires less oversight of the offender. Probation is given a lot in juvenile cases.
Your conditional discharge may appear indefinitely on record checks because police records are not only held at the federal level on the CPIC database, but the courts and arresting police also store records of your case.