Conditional Discharge Law & Legal Definition


Conditional discharge is a form of deferred adjudication in which the sentence is served with probationary conditions attached, under which the full penalty may be reinstated upon a violation of the terms of probation during the stated probationary period. Availablility of conditional discharge, conditions and lengths of probationary periods vary by state and by the individual case. It is more commonly used in cases of first offenders and juvenile offenders. The following is an example of a law governing conditional discharge:

"(1) Where an offender has pleaded guilty to or been found guilty of an offence under this Act, the court may, instead of convicting the offender, order that the offender be discharged absolutely or on conditions that have any or all of the effects described in paragraphs 60(1)(a) to (j).

Application by prosecutor

(2) Where an offender contravenes an order made under subsection (1) or is convicted of any other offence under this Act that is committed after the order under subsection (1) was made, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made."