A conditional discharge may allow for dismissals of certain misdemeanors or low-level felonies. This law allows the judge to defer further proceedings without entering a judgment of guilt, with the possibility of a conditional discharge or dismissal later on.
Preconditions to a conditional discharge include:
- Defendant is guilty of a low-level felony or a misdemeanor
- Defendant and the prosecutor consent
- Defendant has not been convicted of a felony or certain misdemeanors
- Defendant has not previously been placed on probation, including unsupervised probation and any probation that may have occurred out of state.
To demonstrate good conduct, a defendant is placed on probation, which may include restitution and/or counseling. If a defendant fulfills the conditions, the guilty finding will be withdrawn and the court will dismiss the proceedings.
Conditional discharges may be sought and granted for individuals facing the following types of misdemeanor or low-level felony charges:
- Drug possession
- Assault
- Domestic assault
- Weapons offenses
- Shoplifting
- Theft
Talk to an experienced lawyer who can help you determine if a conditional discharge can apply to your case. Eligibility is determined on a case-by-case basis after negotiations between your lawyer and the district attorney. Contact the Law Office of Christopher A. Connelly today to learn more about conditional discharges and if this legal option applies to the charges you face. Call 704-376-9376 or contact us via our online contact form.
