Conditional Discharge

A Conditional Discharge may allow for dismissals of certain misdemeanors & low level felonies. This law allows the judge to defer further proceedings without entering a judgment of guilt, with the possibility of conditional discharge (Dismissal) later on.

Some pre-conditions include that:

  • the defendant is guilty of a low level felony or a misdemeanor
  • the defendant and the prosecutor consent
  • the defendant has not been convicted of a felony or certain misdemeanors
  • the defendant has not previously placed on probation. (This includes unsupervised probation and any probation that may have occurred out of state.)

The defendant is then placed on probation to allow him/her to demonstrate good conduct, which may include restitution and/or counseling. If the defendant fulfills the conditions, the guilty finding will be withdrawn and the court will dismiss the proceedings.

In certain types of case, the Conditional Discharge is sought pursuant to Chapter 90 while other cases it is sought through Chapter 15A.

Talk to an experienced lawyer who can help you determine if a Conditional Discharge can apply to your case.

It MAY apply to many different types of cases including Weapon, Theft, Domestic Violence and Drug cases. It is determined on case by case basis after negotiations between your lawyer and the District Attorney.