What is Conditional Discharge?

 Posted on August 19, 2015 in Criminal Defense

Nearly everyone has heard of imprisonment as a possible sentence for a crime, and most people have heard of probation. But there is one unique resolution to criminal charges in Illinois that is unfamiliar to many throughout the state: “conditional discharge.” In addition to this, Illinois allows for another type of punishment, as well, known as “court supervision.”

What is Conditional Discharge?

Conditional discharge is a sentence that a judge can impose if they believe that neither a sentence of imprisonment nor one of periodic imprisonment or probation supervision is appropriate. Conditional discharge is similar to probation in that there are certain conditions you must comply with in order to keep your freedom, but it is different in that you do not have to report to or be supervised by a probation officer. The monitoring is done by the court instead of by a probation officer. Conditional discharge results in a conviction on your record. If you violate the terms of your conditional discharge and you get caught then the prosecutor can file a motion to revoke your conditional discharge. They do not have to prove you violated your conditional discharge beyond a reasonable doubt in the way they would have to prove a criminal charge. Instead, they must only prove it by a preponderance of the evidence. If the prosecution is successful, you could wind up with additional terms being added to your conditional discharge, or you could wind up in jail.

What is Court Supervision?

Court supervision is similar to probation. In this program, you are supervised by someone, you must comply with certain requirements over a period of time (like performing community service or taking certain classes), and if you get in trouble or do not comply with the terms of your supervision you may be put in jail. Supervision is different from probation, however, in that if you successfully complete court supervision, you will not have a conviction on your record. While you may still have to report the supervision to certain authorities in some situations, for the most part you will not face the consequences that those with convictions face. Supervision is typically not available for felonies, sex offenses, or some other offenses including some traffic offenses.

Call Christopher M. Cosley

If you are charged facing criminal charges in Rolling Meadows, you will need the help of an experienced Rolling Meadows criminal defense attorney. You should contact the Law Offices of Christopher M. Cosley at 847-253-3100. We will explain all of the possible outcomes in your case and will answer any questions you have about options like conditional discharges. Then we will fight for the best outcome in your case.