Question: What should I do? Is this an error on the court’s side? They told me one thing at the arraignment, now it seems to be another. A misdemeanor of disorderly conduct is showing up on my record. I was told by the PUBLIC DEFENDER that was representing me that If I pleaded guilty AFTER the conditional discharge request was introduced to the judge depending on if he accepted it or not I would be under conditional discharge and this would be dropped after I finish a program. I pleaded guilty AFTER the judge accepted the Conditional Request But, the problem is I wasn’t given any type of probation or any program. Nowhere on my final disposition paper or background check does it say anything about me being under CONDITIONAL DISCHARGE. I called the DA about 3 days after the case date and got the details & they’re just saying that the charge was reduced from FEL to MIS and 12MNTH PROBATION. Original charge was F weapon at school.
Answer: A Conditional Discharge is where a defendant enters a guilty plea, but the judge withholds disposition until a period of probation is completed. If you successfully complete the required conditions then the case against you will be dropped. The facts given are contradictory and it is hard to say what happened in your case. However, if you did in fact plea under conditional discharge, the charge will not be dropped until the 12 months of probation ends. If you are still unclear about the case contact the lawyer that you had at the time for further clarification. If you feel that the plea was improper, you may have appeal rights. However, seek counsel from the original attorney.
Question: I got my first driving under the influence and got on probation missed some payments got arrested for violation what can happen? I have paid most of the fine but I have missed a few probation and haven’t been able to pay anything on my fine I only owe 800 more dollars. I have got a warrant issued and have been arrested What may happen can I just pay the fine off and I can get out.
Answer: By not attending your probation appointments you did violate the terms of probation. First, speak to your probation officer and let them know your situation, if the officer is aware of your personal circumstances they may be willing to work with you. Since there is an active warrant, you should retain an attorney to represent you at the probation revocation hearing; an attorney is best skilled at representing your interests in court as well as representing your interests while dealing with the probation officer. Last, full payment of the fine is great incentive for an early termination of your probation, but the decision is left to the Judge. Simmons Law specializes in business, criminal defense, and entertainment law. Our firm can best represent your interests when facing a DUI charge. Call us at 404-461-8422.
Question: Can I ask the judge to change an order of “dismissal without prejudice” to “dismissed with prejudice”? I was falsely accused and plead not guilty to my misdemeanor charges. I and my lawyer were ready for trial, but the judge dismissed the case without prejudice for want to prosecution. My case is still within the statute of limitation. I don’t want this case to linger over my head, and if the prosecutor refile the charges it would unfair to me since it was very difficult to get my witness ready again for the 2nd time. My question is: can I or my lawyer ask the judge to change his order of “dismissal without prejudice” to “dismissed with prejudice”? If not, is there another way to prevent the prosecutor from refilling?
Answer: Based on the information you provided, yes, your lawyer can file a motion to change the order. Other than filing the motion you could wait for the statute of limitations to run, it seems unlikely that the prosecutor will refile the charges if they are having difficulties “proving” that you committed a crime.