What is a conditional discharge (CD)?

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"Hiring Adam was the best decision after I was charged with 4 tickets for a DWI. It took Adam just one court appearance to convert all the tickets into a minor DWAI with minimum charges. He always made sure I was relaxed and he would take care of me like a younger brother. I've no words to thank him for what he has done for me!" *****

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"Adam is an AWESOME attorney! I never been in trouble with the law and after getting pulled over on the holiday was charged with a DWI. I was scared and terrified. Adam told me, I would be okay and he would fight for me. Which he did. He got my misdemeanor charge down to a traffic infraction of a DWAI. Which is a non criminal charge. I am very thankful and blessed. I'm a healthcare professional and a misdemeanor would have affected my career. He is honest, a good listener, very funny and keeps you updated in regards to your case. He contacts you in reasonable time and works hard on your case. He doesn't mind when you call asking a lot of questions. Also, he is very affordable and will work with. Forget the rest, hire best. Adam is the best." *****

What is a conditional discharge (CD)?

Very often, a person being sentenced will be given a "conditional discharge." That means that the person needs to fulfill certain obligations, or the sentence will be revoked, leaving the person open to re-sentencing. Misdemeanors often come with a one year conditional discharge (CD), and felonies come with a three-year CD.

P. Adam Militello, Esq.
P. Adam Militello, Esq.

If a court does impose a conditional discharge, the judge must tell you what the conditions are. You cannot be held responsible for something if the court gave you no warning. (The one condition common to all conditional discharges is that you not be convicted of another crime.)

If the judge believes you violated your conditional discharge, you are entitled to a hearing on whether you did something wrong. The judge acts as the finder of fact (there is no jury), and (s)he considers whether, based upon a preponderance of the evidence (not beyond a reasonable doubt), you violated your conditional discharge.

In Rochester, NY, the most common scenario I see for a person being called back into court is if they violate their DWI sentence by being rearrested on an alcohol-related charge. Different judges have different attitudes about how to treat these cases, so make sure you hire a criminal defense lawyer who is familiar with the local courts.

If you are facing a DWI charge in Rochester or one of the surrounding counties, contact us at The Militello Law Firm for a free telephone consultation and case evaluation. Our phone number is (585) 485-0025.

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128