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Probation in kentucky

Ashland, KY |
Filed under: Criminal conviction

i had an assault charge 4th degree no injury i denied trial just to get it over with , i got 30 days c/d , it doesnt say for how long the probation is im guessing 2 years , but im wondering what all i cannot do while on this probation. would i beable to drink when i turn 21 in 6 months? i never was told anything i could or could not do the paper only states assault 30 days c/d

Attorney Answers 2

Posted

In general, the sentence of 30 days, conditionally discharged is for a maximum of 2 years from the date of imposition of sentence. Your sentence IS NOT PROBATED, IT IS CONDITIONALLY DISCHARGED. You are not supervised, have no travel restrictions, no duty to report to an officer, have no obligation to remain employed or in school,etc., UNLESS YOUR WRITTEN ORDER OF CONDITIONAL DISCHARGE STATES OTHERWISE.

You are to remain on your good behavior, not to be arrested nor commit a crime for 2 years or you subject yourself to a motion to revoke your 30 day sentence which is "over your head" for 2 years. I tell my clients to be a good boy/girl for 2 years and walk down the time.

You need to get the record expunged after you have walked down the sentence. Contact local counsel after the 2 years to discuss the expungement statute.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

In almost all cases I had where probation was involved in an adult case (the defendant was 18 or older) in district court, one of the terms of probation is "no new violations of law."

You can get a copy of your probation order from the Court clerk. The terms of your probation should be written and you should have received a copy.

For all purposes c/d, conditional discharge, is the same as probation. You should have gotten written terms.

The clerk would also be able to tell you the term of probation: how long you must live carefully.

Some counties I know of do not give any written terms. I can say that if you get a new charge of AI (alcohol intoxication) what's known as drunk in public, that's an easy violation for the govt to prove and lock you up for the 30 days over your head.

Best advice is not to drink, certainly not until you're old enough. If you must drink, dot go out in public afterwards, and NO MORE assault charges against anyone, as a 2nd assault charge usually involves jail measured in months, not days.

This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship.

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