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.
Pennsylvania Motion for Probation or Conditional Discharge
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(1) After a third violation, the court may revoke the order of probation. (2) Upon revocation, the sentencing alternatives shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.
42 Pa. C.S. §9771 gives the court the power to terminate probation or lessen the conditions of probation at any time. To begin the process of terminating probation early, you must file a motion with the court.
What you need to terminate your probation term early in Pennsylvania and New Jersey? Remain arrest free (no new criminal charges) Report on time to probation officer. Pay all costs and fines. Maintain employment. Pursue or complete education (GED) Complete an education program (i.e. anger management. ... Complete job training.
What are the most common probation violations? Avoiding a Drug Test; Being in Possession or Under the Influence of Drugs; Committing a New Offense; Failing to Report to Probation Services; Failing to Pay Restitution; Ignoring a Protection Order; Leaving the County of Residence Without Permission;
Special conditions of probation can include that the offender will: Take GED courses and complete their GED. Attend a drug rehabilitation or a substance abuse treatment center and successfully complete the classes and rehabilitation.
May someone on probation/parole or intermediate punishment leave the state? Someone under active supervision may only leave Pennsylvania with a temporary travel issued by their probation officer.
A person who is on Probation may petition the Judge for an Early Termination of Probation, if during the course of their Probation they have maintained good behavior, changed their lifestyle and feel that they can show the Judge that they are worthy of being released from supervision.