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.
Bronx New York Motion for Probation or Conditional Discharge
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Bronx
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US-03338BG
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How to fill out Motion For Probation Or Conditional Discharge?
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FAQ
If you are convicted of a violation and sentenced to a 1 year conditional discharge, most courts do not seal the violation until the 1 year period is over. Otherwise, your case should be automatically sealed at the end of the 1 year period. If it is not sealed, read Criminal Records: Correcting a Mistake.
For most crimes, the state loses the power to charge you with a crime 5 years after the crime is committed. Like most other facets of the law there are exceptions, here are a few. If the crime committed was rape there is no statute of limitations.
A If the case was finished in Bronx Supreme Court, you can obtain a Certificate of Disposition from the Criminal Term Central Clerk's Office on the 2nd floor. There is an $10 fee for the certificate.
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 release of a defendant without having to spend time on parole or probation. He was given an unconditional discharge.
The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.
After the indictment, the defendant is arraigned in the New York City Criminal Court. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.
A conditional discharge is when you are not sentenced for your criminal offense so long as you do not get charged again. If you are to get charged again, you will be sentenced.
When the court imposes a sentence of unconditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, fine or probation supervision. A sentence of unconditional discharge is for all purposes a final judgment of conviction.
As stated earlier, an unconditionally released inmate is one whose sentences have expired had have been released without any type of court- ordered supervision. These inmates were more like to have committed violent crimes and stand a good change of being arrested for another offense within 2 years of their release.