However, to get a conditional discharge, the defendant must enter a plea of guilty or no-contest. In the event of a violation of the terms of the conditional discharge, the plea then turns into a conviction. The conditional discharge does not wipe the record clean.
Full Answer
Georgia Law O.C.G.A. §16-13-2 on Conditional Discharge. A person who has been convicted of a crime related to narcotic drugs, marijuana, stimulants, depressants, or hallucinogenic drugs may be placed on a probation program if both the defendant and court agree.
Oct 06, 2018 · The Conditional Discharge program is a legal process that can only be used once and it can only be used for drug-related crimes. Under Georgia law, whenever a person who has not previously been convicted of any offense relating to a narcotic drug, marijuana, stimulant, depressant or hallucinogenic drug and who pleads guilty or is found guilty ...
OTN Plea: Negotiated Guilty on Count(s) Nolo Contendere on Count(s) vs Trial: Jury WHEREAS, the above-named defendant has been round guilty of the above.stated offènse($) and WHEREAS, said defendant has not previously availed himselfofthe Provisions Conditional Discharge under (Ga. Laws, pp. 1083, C).C.G.A. 16-13-2 Controlled Substances) or 3-3Q3.I Underage …
A conditional discharge is a first-time offender, alternative disposition (negotiated by a criminal attorney for the person to enter a plea of guilty) to a criminal case involving a drug offense. When eligible, a person’s use of the Georgia statute, OCGA 16-13-2, will result in a favorable case adjudication which keeps an accused person from being formally convicted of a drug crime, so …
A Conditional Discharge is more serious because it requires a defendant, for up to a maximum period of 3 years, to not commit a further offence.
Conditional Discharge If you complete that probation without violating any terms and conditions, no conviction will enter in on your record. You are only allowed to plead guilty under this statute once.Oct 13, 2018
How long will it be on my record? It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.
a conditional discharge, where you could still get a sentence if you break the conditions. a 'bind over', where you could get a fine if you break the conditions.
Georgia has a great program called Conditional Discharge. It allows first-time drug offenders to take advantage of a probation program instead of going straight to jail. The goal of the program is to reduce recidivism and encourage defendants to change their behaviors.
How will a Conditional Discharge affect my Employment? A person with a conditional discharge can properly inform an employer that they do not have a criminal record.
A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant's record.
Probably not, as the background check involves convictions. The OTH is an administrative characterization of your military service not evidence of a criminal conviction.
Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes.
If you were given a conditional discharge, your discharge can be taken back by the court and replaced with a conviction. This means you would have a criminal record. If you were given a suspended sentence, the court can bring you back to sentence you for the original offence.
5 years imprisonmentThe section requires that a Crown Court shall impose a minimum sentence of: 5 years imprisonment if the offender is aged 18 or over when convicted; or, 3 years detention under s. 91 PCC(S)A 2000 (long term detention) if the offender was under 18 but over 16 when the offence was committed.Sep 10, 2019
It is not a criminal conviction but it does form part of a criminal record so you will sometimes have to disclose when asked by employers, particularly before it is spent.