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| Copyright Cyr 2015 |
WHAT IS A "CONDITIONAL DISCHARGE"?
Good question. A "conditional discharge" or a "CD" as it is known by NY criminal lawyers, is the LOWEST LEVEL OF SENTENCING on a criminal charge in New York.
Let me back up.
There are three levels of punishment on any case (excluding dismissals, fines, surcharges, and civil stuff)...
1. Jail (highest level)
2. Probation (middle level --although in some ways probation can be worse than county jail)
3. Conditional Discharge a.k.a. CD (lowest level)
So, what is it?
Here's the definition from the NY PENAL LAW, section 65.05:
"the court may impose a sentence of conditional discharge for an offense if the court, having regard to the nature and circumstances of the offense and to the history, character, and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate."
I hate regurgitating the law, so here is my breakdown of a CD:
It is a ONE YEAR "stay out of trouble" and DO NOT BE ARRESTED period. Occasionally, there may be other conditions listed by the court, like, abstain from alcohol.
DURATION:
For a misdemeanor or violation-- it is 1 year
For a felony --it is 3 years
If you are arrested, or violate the terms of the CD, then the court can violate you and re-sentence you up to the maximum sentence you were facing (for a Class A misdemeanor --like a DWI charge---that means 1 year in jail).
--SUMMARY THOUGHTS---
A CD is the best possible sentence for somebody to get in a NY criminal case. The only thing better is a dismissal or "ACD" [which stands for "adjournment in contemplation of a dismissal"]. If you are pleading guilty to a misdemeanor, then a CD is the best option you will get.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
