All the Conditional Discharges

A conditional discharge allows a defendant who pleads guilty or is found guilty to be placed on probation without entry of judgment. If the defendant succeeds on probation, the court dismisses the conviction. If the defendant fails, the court enters judgment and sentences the defendant. Not long ago, G.S. 90-96 was pretty much the only conditional discharge game in town. Nowadays, there are lots of different conditional discharges. Today’s post collects them all in one place. Conditional discharge under G.S. 15A-1341(a4) Certain defendants who plead guilty to or are found guilty of any Class H or Class I felony or a misdemeanor other than impaired driving may, on joint motion of the defendant and prosecutor, be placed on conditional discharge probation. Before placing a defendant on conditional discharge probation under G.S. 15A-1341(a4), the court must find that: Each known victim has been notified and given an opportunity to be heard; The defendant has not been convicted of any felony or misdemeanor involving moral turpitude; The defendant has not previously been placed on probation; and The defendant is unlikely to commit another offense other than a Class 3 misdemeanor. Use form AOC-CR-632D. G.S. 90-96 Two similar but distinct conditional discharges are described in G.S. 90-96, subsection (a) and subsection (a1). Both apply to eligible defendants who plead guilty to or are found guilty of the following offenses: Misdemeanor possession of a controlled substance in Schedules I–VI; Felony possession of a controlled substance under G.S. 90-95(a)(3); or Misdemeanor possession of drug paraphernalia under [...]