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.
Philadelphia Pennsylvania Motion for Probation or Conditional Discharge
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Multi-State
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Philadelphia
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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
Traveling to other states with a conditional discharge can be complicated, as it often depends on specific terms set by the court. Generally, restrictions on travel may be included in the conditions of your Philadelphia Pennsylvania Motion for Probation or Conditional Discharge. Before planning any travel, it is advisable to consult with your probation officer or legal counsel. They can provide guidance on whether your travel plans could violate any conditions of your release.
The only way to be released from jail or prison is to file a motion to lift the detainer, which is only possible through the assistance of an attorney. If a defendant neglects to file a motion or it is rejected, he or she will have to stay behind bars for months while their case is being resolved.
Family commitments like deaths and funerals make good excuses to miss probation. No probation officer will expect you to miss your mother's funeral or to need the time to make the arrangements for one. As long as you stay in contact and let them know what has happened, they will work with you as much as possible.
The ARD Program in Philadelphia is a pre-trial diversionary program which allows a defendant with no prior criminal record - or a very old, minor arrest or juvenile matter - to pay a fine, complete community service, or serve a relatively short period of unsupervised probation in order to have all of the charges from
The judge has up to 120 days to rule on the motion. We cannot predict how quickly a particular judge will rule on a detainer motion, or if the judge will grant or deny the motion. Our firm does not guarantee any result or outcome on a detainer motion.
The PA SB-14 bill includes many changes that will limit probation sentences, end a person's sentence early if there have been no violations, shorten sentencing for probation violations (if no new crimes have been committed), and, shorten sentences or release people currently incarcerated for probation violations.
Yes. Pennsylvania law gives judges the authority to release defendants from probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered classes and treatment.)
Possible outcomes of a violation may be: Revocation of your probation, resulting in jail time for the rest of the original sentence. Revocation of your probation and another sentence, up to the legal maximum for your original crime. Mandatory enrollment in drug or alcohol rehabilitation or counseling program.
If a person is being held in jail until their final violation hearing, the only way to seek their release from jail is to file a Motion to Lift or Transfer Detainer. In this motion, the attorney asks for the Judge to release someone from jail until their final Gagnon II hearing.
Write a letter to the court or the judge, but only if your probation officer agrees with your application. Though early release will be granted or denied by the judge in your particular county in Pennsylvania, she is likely to accept the probation officer's recommendation.