Did the court mess up? I thought I plead under conditional discharge


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.

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