ny conditional discharge in a criminal case
Contents
- 1 Understanding Conditional Discharge in New York Criminal Cases
- 2 What Exactly is a Conditional Discharge?
- 3 When is a Conditional Discharge Allowed?
- 4 The Conditional Discharge Process
- 5 Pros and Cons of Conditional Discharge
- 6 How to Get a Conditional Discharge
- 7 Special Rules for Sex Offenses
- 8 How Long Does a Conditional Discharge Last?
- 9 Violating the Conditions
- 10 When Conditional Discharge May Not Be Offered
- 11 Is a Conditional Discharge Still a Conviction?
- 12 When is Conditional Discharge Not an Option?
- 13 Conclusion
Understanding Conditional Discharge in New York Criminal Cases
Conditional discharge is a type of sentence that courts in New York can impose in certain criminal cases. It allows a defendant to avoid jail time or probation if they agree to follow conditions set by the judge. A conditional discharge can provide a second chance for some defendants, but there are important things to understand about how it works. This article will explain conditional discharge in plain English, so you can make an informed decision if it comes up in your case.
What Exactly is a Conditional Discharge?
A conditional discharge is when the judge sentences you but doesn’t send you to jail or put you on probation. Instead, the judge will set conditions that you have to follow for a certain period of time, usually 1-3 years depending on the type of case. As long as you follow the conditions and don’t get rearrested, the case will be dismissed and sealed at the end of the conditional discharge period.Some common conditions imposed on a conditional discharge include:
- Remaining arrest-free
- Completing a treatment program
- Performing community service
- Paying restitution
The judge has a lot of discretion in setting the conditions based on the facts of your case. The idea is to have conditions aimed at rehabilitation instead of traditional forms of punishment.
When is a Conditional Discharge Allowed?
There are limits on when a conditional discharge can be imposed. It is not allowed in every type of case.In general, a conditional discharge may be imposed for:
- Violations
- Class A misdemeanors
- Class B misdemeanors
- Class E non-violent felonies
- Some Class D felonies
More serious violent felony charges like robbery, assault, or sex crimes are not eligible for conditional discharge.The judge also has to decide that a conditional discharge would serve the interests of justice and the public better than jail or probation. They will look at the details of your case, your criminal history, and your personal circumstances when making this decision.
The Conditional Discharge Process
If the judge agrees to a conditional discharge sentence, the process will work as follows:
- The judge will set the conditions you must follow and the length of time (1-3 years typically). This gets written up as a court order.
- You agree to follow the conditions by signing the order at your sentencing hearing.
- As long as you satisfy the conditions and avoid rearrest, the case will be dismissed and sealed after the conditional discharge period ends.
- If you violate the conditions, you could be resentenced to jail or probation.
It is very important to fully understand and comply with the conditional discharge terms. Depending on the violation, the judge could re-sentence you to the maximum penalty allowed for the original charge.
Pros and Cons of Conditional Discharge
There are some clear benefits to conditional discharge if it’s available in your kind of case:
- You avoid jail time and the disruption of probation supervision.
- The case will eventually be dismissed and sealed from your record if you satisfy the conditions.
- It gives you a chance to rehabilitate yourself without harsher punishment.
However, there are also some risks:
- The conditions may be demanding, like inpatient treatment.
- If you violate the conditions, you could end up with a harsher sentence than if you had taken a plea deal.
- You have to be very disciplined for 1-3 years to avoid violating.
- Certain violations like a new arrest can bring severe consequences.
As you can see, a conditional discharge disposition requires a lot of responsibility. You have to weigh the pros and cons carefully when considering whether to accept it.
How to Get a Conditional Discharge
If you want to seek a conditional discharge, having an experienced criminal defense lawyer in your corner is extremely helpful. An attorney can advise if a conditional discharge is realistic in your case and then negotiate with the prosecutor to secure it.The judge always has final say, but a prosecutor’s recommendation influences the judge’s decision. Your lawyer may be able to persuade the ADA to come on board with a conditional discharge plea. This can happen through skillful negotiation and presenting mitigating factors about your background.
Special Rules for Sex Offenses
There are special mandatory conditions if you receive a conditional discharge on certain sex offense charges:
- Stay away order for schools with students under 18
- No internet access without court permission
These extra conditions apply to charges like rape, criminal sexual act, sexual abuse, or child pornography possession where the victim was under 18.You will also have to register as a sex offender if the charge already requires registration. The conditional discharge does not exempt you from registration requirements.
How Long Does a Conditional Discharge Last?
The length of a conditional discharge depends on the type of case:
- 1 year for violations and misdemeanors
- 3 years for felony charges
The clock starts ticking on the discharge date. Any time the court issues a declaration of delinquency for violating conditions does not count toward completing the sentence.In cases with restitution, the judge can extend the conditional discharge for up to 2 extra years to allow more time for payment.
Violating the Conditions
Hopefully you will satisfy all the conditional discharge terms without any issues. But what happens if you do violate the conditions?If you violate, the judge could potentially re-sentence you to the maximum jail term allowed for the original charge. For example, if you were discharged on a Class E felony (1 to 4 years in prison), you could end up with 4 years if you violate.The judge also has discretion to take no action or modify the conditions instead of resentencing if it’s a minor violation. But new criminal charges will almost always result in termination of the conditional discharge.The bottom line is you have to strictly adhere to the conditions from day one. Even small slip-ups can land you back in court facing the original charges again.
When Conditional Discharge May Not Be Offered
While a conditional discharge can be a favorable outcome in the right case, sometimes the prosecutor or judge will not agree to it. This is more likely if:
- The charges are very serious felonies.
- You have a lengthy criminal record.
- There are mandatory penalties or sentencing guidelines.
- The judge believes jail or probation would be more appropriate.
- The prosecutor insists on a harsher plea deal or sentence.
If a conditional discharge is not on the table, your lawyer may have to negotiate for the next best option to avoid jail time.
Is a Conditional Discharge Still a Conviction?
This is a tricky question. Once you complete the conditional discharge, the charges are dismissed and sealed. So technically there is no conviction on your record.However, it still counts as a conviction for certain purposes:
- Enhanced sentencing if you pick up a new criminal charge
- Impact on immigration status for non-citizens
- Limiting ability to own firearms
- Potential issues with professional licensing
So while a completed conditional discharge avoids many consequences of a conviction, it still counts as a conviction in some contexts.
When is Conditional Discharge Not an Option?
To wrap up, here are some situations where conditional discharge is not an option:
- Cases without authorization for conditional discharge in sentencing statutes
- Serious violent felony charges like robbery, assault, rape
- Defendants with lengthy criminal histories
- Mandatory minimum sentences or penalties
- Victim or judge strongly opposes conditional discharge
- Prosecutor insists on harsher punishment in plea negotiations
The key is talking to your lawyer to see if conditional discharge is viable based on your specific charges and background. Don’t count on it being an option until your lawyer reviews your case.
Conclusion
Conditional discharge can be a favorable outcome in criminal cases where jail or probation seem likely. It gives defendants a chance to rehabilitate themselves without harsh punishment. However, following the conditions strictly for 1-3 years is not easy. Violations could result in much worse consequences than if you had taken a plea deal.Carefully weigh the pros and cons of conditional discharge during plea negotiations. Ask your lawyer lots of questions so you fully understand what it entails. While a conditional discharge is appealing on the surface, make sure you can realistically abide by the conditions before agreeing to it.