Legal Question in Criminal Law in New York
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1995 i pleg guilty and sentence imposed and conditional discharge after 1 y/r. but is conditional discharge a conviction....
Asked on 8/16/08, 12:29 pm
2 Answers from Attorneys
Sergey Mikhlin
Law Office of Sergey Mikhlin
Re: Help
The term of conditional discharge is a part of your sentence - it is not a conviction. The conviction is whatever charge you pled to.
Answered on 8/17/08, 12:24 pm
James Kats
James S. Kats, Esq.
Re: Help
No, it's not. Conditional Discharge is a sentence provision. It means you were "discharged" (that is, you were not incarcerated in jail) with certain "conditions". The conditions could be many things, like staying away from a victim, paying a fine or surcharge, etc.
But it's part of a sentence, not a conviction. A conviction would be for a misdemeanor such as Petty Larceny or Harassment.
James S. Kats, Esq. [email protected]
Answered on 8/17/08, 1:57 pm
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