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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.
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.