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How to obtain a Certificate of Discharge?: If I completed all legal financial obligations, partial confinement, paid supervision fee, and off probation, how do I obtain a Certificate of Discharge?

Asked about 1 year ago in Criminal Defense

Emily’s answer: First, contact the clerk of the court where you were convicted and ask if one has already been filed. If the Certificate of Discharge has not already been filed in your case, you can file a motion to ask the court to issue a certificate of discharge (sample motion below). Attach proof that each sentencing condition was completed. The file the motion with the Court at the clerks office.


Next, you will take the certificate of discharge to the prosecutor and ask them if they will sign (sample certificate below). If the prosecutor will sign, then you will bring it back to the clerk with the prosecutors signature and ask where to leave it for the judge to sign. If the prosecutor will not sign, then you will need to go back to the clerk and ask to have your motion noted for a hearing. Then you will attend the hearing and ask the court to enter the certificate of discharge.

Certificate of Discharge:

If you have trouble gathering proof that you completed the conditions of your sentence, I suggest contacting the attorney that represented you on the case originally for assistance.

Answered about 1 year ago.

Can a cop make me wait for a dog to show up after a traffic stop after being told I was not being detained : I was pulled over for a minor traffic infraction and was asked if they could search my vehicle I said no. After running all my paper work the cop came back and asked me to move to a second location from the main road for my safety. When I arrived a cop with a dog was waiting after the dog hit on my car I was asked again for permission to search and told if I didnt give permission my car would be impounded and they would give me a ride to work. So I said yes to the search not wanting my car to be taken and they gave me a ride to work took my car and returned it later. I had drugs in my car that they found but never wrote a ticket or gave me a court date and asked me to give information about other drug dealers

Asked almost 2 years ago in Criminal Defense

Emily’s answer: Typically, if the officer is not allowing you to leave while waiting for a K-9 unit to arrive, then he is detaining you. Wether the officer can legally do so, depends on a number of factors that your attorney would need to explore in conjunction with reviewing the discovery and interviewing the officers involved.

There are times that law enforcement does not charge someone with a crime even after finding drugs if they have an active investigation that they are still working on. There are also time officers write up reports and send them to the prosecutors office for review and charging.

Regardless, in your situation I strongly advise that you contact an attorney even if you have not yet been charged. Most criminal defense lawyers offer free consultations so you can discuss your specific set of facts in more depth and get advise.

Answered almost 2 years ago.

What can I expect to happen next? Since its a first offense, do I have to go to court or just pay fines? Very scared! : So today I was in Sephora inside of JcPenney. Stole a $74 bottle of perfume. LP stopped me right outside of the store and told me to come to the back room and sign some papers. They took my picture, name, address, phone number and social security number. Ran my name thru and I have no record. This is a first offense! They had me sign a few papers stating what i had done and sent me home with a 'Civil Demand Notice.' I had my two babies with me and I'm a 26 year old female. I'm not sure how any of this works and if I go to court or if I just pay the fines and have something on my record. I'm not really sure what to do here.

Asked about 5 years ago in Criminal Defense

Emily’s answer: It is possible that you will be charged with misdemeanor theft or shoplifting. Based on the information you provided it does not sound like you have been charged yet. Look carefully at the paperwork you were given to see if there is a citation that shows a court date. If you were not provided with a court date, then you may instead receive a summons in the mail that has a court date for you to appear. I have included a link to a website that will tell you if you have an upcoming court date in a District or Municipal Court (since this just happened today it is still going to be too soon to tell). It would be wise to contact an attorney in your area who focuses on criminal defense and explain the situation to them.

Answered about 5 years ago.