Received a violation during conditional discharge period.

Asked over 3 years ago - New York, NY

I plea bargained a misdemeanor charge to a 240.20 and received a one year CD. Unfortunately I was arrested again a few weeks later and charged with the same misdemeanor (illegally but that's another story). I spent a night in jail, was released on my own recognizance and agreed to plea bargain the charge down to another 240.20 rather than spend thousands of dollars and days in court to fight the charge. So I left court that day with a 2nd 240.20

So now I have two 240.20s. My first question is why didn't the DA say anything about my first conditional discharge the second time I was arrested? He gave me another CD which runs for a year so I think I have two CDs. Did I violate my first CD by plea bargaining down to a violation for this second case? Can they bring back my first case?

Attorney answers (2)

  1. Carl Scott Spector

    Pro

    Contributor Level 11

    Answered . Technically speaking the second arrest and conviction can be considered if a violation of a conditional discharge violation is filed against you. The DA probably did not say anything because they either did not realize the possible violation of the conditional discharge or they did not care about the earlier conditional discharge.
    Again, technically speaking the district attorney can bring back the original case as a violation of a conditional discharge. Odds are the prosecutor will not do so and you should relax.
    Good Luck,
    Carl Spector

    Note: For informational purposes only.

  2. Carlos Gonzalez

    Pro

    Contributor Level 17

    Answered . generally, it very well may be that the DA simply didnt care to reopen the prior case. They do have a right to file a Violation of the Conditional DIscharge (VOCD) but for the most part they may well feel that it would be a wase of time to ropen that previous matter.

    good luck!

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