I recieved conditional discharge on a traffic violation of driving on a suspended out of state license, that has since been cleared up. I was given a fine to pay and community service. I did not meet all conditions and I'm trying to find out what will likely happen when I go into court
If you can show a good faith effort to meet all your conditions, you will be given additional time to complete the terms of your conditional discharge. Worst case scenario is your sentence is revoked and a new, harsher sentence imposed. Do what you can to meet the conditions before your court date.
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Try to do everything possible before court, and if you can show good reason why you were unable to complete the terms and conditions, your term could be extended by the court. However, the court could also impose a different sentence if it sees fit.
It depends on what condition or conditions you failed to meet and why. If the issue is failure to pay fines &/or complete community service and you have whatever is not completed finished by your court date, far more often than not the prosecutor will move to dismiss the Petition to Vacate. Some judges, depending on the county, will just dismiss the Petition on their own motion upon satisfactory completion of the terms of the sentence.
If the Petition to Vacate is based on a new traffic or criminal offense, then you are going to have a much greater battle on your hands.
If the proof of compliance you bring does not satisfy the judge &/or prosecutor, ask for a continuance to bring counsel in on your behalf. The most important thing between now and then is to finish whatever you need to do regarding the terms of conditional discharge.
This response is a general response based on the general and limited information that is provided. This response does not in any way establish or create an attorney-client relationship. For specific legal advice, contact an attorney in your area.
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