US Legal Forms
Motion for Probation or Conditional Discharge

Probation

Name: Motion for Probation or Conditional Discharge
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (422 reviews)

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-03338BG

Format:

Instant download

Description Probation Order

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.

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How to fill out Probation Violation Form?

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Probation Meaning Law Form Rating

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Probation Ending Process FAQ

Like a conditional discharge, a suspended sentence involves following conditions in a probation order for a period of one to three years. The main difference between a conditional discharge and a suspended sentence is that an offender who gets a suspended sentence has a conviction registered against them.

Is it classed as a conviction? No, unless the conditional discharge is breached and you are re-sentenced for the original offence. However for the purposes of filtering, it would be dealt with as a conviction.

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.

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.

Conditional Discharge is a conviction and an actual sentence on the offender.If the court determines that the terms of the conditional discharge have been violated the judge will resentence the offender to any sentence that was available at the time the offender received the original sentence.

Is it classed as a conviction? No, unless the conditional discharge is breached and you are re-sentenced for the original offence.

Benefits of Conditional Discharge Arrests will remain on record but can later be expunged, allowing a first-time offender to avoid having a criminal record. Another benefit of conditional discharge is that it allows for an exception to mandatory license suspension.

A conditional discharge permits a person to avoid a criminal record if they follow the rules of a probation order. A conditional sentence is a jail sentence served in the community.If an offender completes their probation successfully a conviction for the offence will not be recorded on a criminal record.

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Probation Meaning Law Form Rating

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Probation Ending Process FAQ

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