Conditional Discharge ?

[Timespace]

Conditional Discharge ? --What does that (legal-speak) mean?
Friend of my was detained by LEO--she wisely kept her mouth shut but was given a citation (misdemeanor). She was given a court date and in/at court, her attorney negotiated with prosecutor or judge(?) and was given a 'Conditional Discharge'---she never spoke to judge or anyone and never admitted guilt. The 'condition' was 20 hours of community service. She completed that and took the proof back to court and that was it.
WHAT HAPPENED? ---was the case dismissed? Would she be considered NOT Guilty at that point?--I'd assume there's some sort of record---but it wasnt a 'traditonal arrest' --no booking or anything--just the citation. Very confused.

[Crock]

Where did this happen?

[Sepultura]

Almost positive it means the case is dismissed on the condition of her successfully completing the required conditions.

[Timespace]

Originally Posted by Crock

Where did this happen?

She was in Chicago when it happened (but she lives in Indy).

[TideLWave]

Is she Jussie Smollett's sister?

[RetiredSubmariner]

It would be interesting for the friend to ask an Indy cop to check her record and see what they can find.

[Guest083119]

It is the same as a conviction - but has no jail time if the conditions are completed. She probably should have tried for a diversion program or deferred adjudication. That said, it will likely be hard to find. She needs to ask her attorney for clarification about needing to disclose this in the future.

[Chung Tran]

so did she basically plead "no contest"? sounds like it.

[rexdutchman]

Always force a jury trial 9 x outa 10 they will drop case , DA cant justify the time and money on BS Just me

[Jannisary]

"Conditional discharge" is really not enough information especially when you don't even know the actual citation charge. My GUESS is that she got a deal where she basically agreed that the States Attorney had enough evidence to obtain a conviction but the citation would be held and dismissed if she completed the community service. The discharge of the citation is conditioned on her performing the community service and or whatever else the States Attorney office and her lawyer agreed upon within a specified time period.

In a large metro area there are enough charities and other reputable community groups looking for volunteer help it is not hard to find community service hours and rack them up. Taking something to a jury trial sounds good gamble to get a charge dropped but it is still a gamble and depending on the jurisdiction it may be a very bad gamble.

[Guest083119]

Conditional Discharge in Illinois is a conviction and a misnomer because nothing is actually discharged. It's like unsupervised probation with the court.

https://www.avvo.com/legal-answers/w...n--660730.html

Originally Posted by Chung Tran

so did she basically plead "no contest"? sounds like it.

No, with a no contest plea, a defendant accepts the conviction but does not plead guilty.

[Timespace]

I'm thinking that's close. I got her to look up her court records. There were several entries --'Notice to appear', 'Appearance', 'Continued', and then the last entry:
"CLOSING DISMISSAL - NON SUIT". We looked this up and it seems to indicate the judge and lawyer(s) struck an agreement to drop the case (with the agreement for her to do the COmm Srvc). This seems likely, since she never had to make/offer a plea in court. It seems odd--the Comm Service part in exchange for dropping/dismissing, but thats how we read the definitions.

BTW, the above mentioned point about a jury trial ---This occurred in Cook (aka CROOK) county. It could have run into the tens of thousands in fees and she very well could have been sentenced to life in a russian gulag (Look up the word Corruption--shows a map of chicago/cook.)

All the same, if theres a court record she can see, I'd be pretty sure there's some sort of arrest record that will be avail to LE personnel for the rest of time---even if she went after an seal/expunge.
Thx to all.

Originally Posted by Jannisary

"Conditional discharge" is really not enough information especially when you don't even know the actual citation charge. My GUESS is that she got a deal where she basically agreed that the States Attorney had enough evidence to obtain a conviction but the citation would be held and dismissed if she completed the community service. The discharge of the citation is conditioned on her performing the community service and or whatever else the States Attorney office and her lawyer agreed upon within a specified time period.

In a large metro area there are enough charities and other reputable community groups looking for volunteer help it is not hard to find community service hours and rack them up. Taking something to a jury trial sounds good gamble to get a charge dropped but it is still a gamble and depending on the jurisdiction it may be a very bad gamble.

[Timespace]

Originally Posted by Sepultura

Almost positive it means the case is dismissed on the condition of her successfully completing the required conditions.

yep---I dont know exactly where she came up with the 'conditional discharge' term. When I got her to look up the records, the actual wording was "CLOSING DISMISSAL - NON SUIT", so Id say you are correct---dismissed. thx

[lizardking]

https://www.youtube.com/watch?v=Lg9fUeEGsq0

[Poppa_Viagra]

A conditional discharge is better than a burning discharge.