The judge considers your character and whether a discharge is against public policy. There are two types of discharge: absolute and conditional. Most discharges are conditional.
If you obey the conditions until the end of the probation, then the law treats you as if you had not been convicted of a crime. The police and courts keep records of discharges under the Criminal Records Act. And if the police check your record, they might see your discharge. The RCMP removes from its records absolute discharges 1 year after the date of the sentence and conditional discharges 3 years after the date of the sentence.
But for all discharges before July 24, , you have to make a written request to remove the discharge. If you want to ensure the RCMP remove your discharge, check their website section on record suspensions and purges. The judge can also give you a higher surcharge. This surcharge is in addition to any other fine you get. Even if you do not have money to pay the surcharge, the judge must still order it.
No record of your discharge can be disclosed to anyone except in specific circumstances, such as if your fingerprints were found at the scene of a crime. With a suspended sentence , a judge convicts you but suspends sentencing you, and instead releases you on conditions set out in a probation order. Like with a conditional discharge, the probation order can last for one to three years. During that time, you must follow the conditions in the probation order.
You may have to perform community service, give money back to a victim, attend counselling, or report to a probation officer periodically. The main difference between a suspended sentence and a conditional discharge is if you get a suspended sentence, you have a conviction registered against you.
This means you will have a criminal record. With a suspended sentence, probation may be the only penalty, or it can be combined with other penalties, including a fine or a jail term of less than two years.
You could get the following combinations: a fine and probation, or jail and probation, or jail and a fine.
If you were given a conditional discharge, your discharge can be taken back by the court and replaced with a conviction. This means you would have a criminal record. If you were given a suspended sentence, the court can bring you back to sentence you for the original offence. Depending on the details of the breach and your criminal record, the prosecutor the lawyer who presents the case against you can choose to charge you with either a summary or indictable offence.
Judges view a breach of a court order as a serious matter. A conditional sentence is a jail sentence you serve in the community, instead of in jail. He encouraged me to come in person for a consultation to go into further detail and I really appreciated that. I ended up hiring him and it couldn't have gone better. With their help, I was able to get my case deferred and am currently working on getting is dismissed. We worked with Mr.
Sexner on a case for my son. We were so worried and stressed, and Mr. Sexner was knowledgeable, calm, helpful and professional. He really seemed to know the right people and was a great advocate for our son. The outcome was way better that we ever imagined. He is terrific and i would highly recommend him. Outstanding service and free initial consultation. Definitely the firm you want presenting you in court. Sexner is honest, smart, thorough and very professional.
Mr Ari Trubitt provided strong representation and confidence in my case. I was less worried when he stood by me in court,his knowledge of the law and strong communication skills made it a breeze for me to go through all this worrisome period. Mr Ari Trubitt called me and every week and reminded me of my upcoming court date,he was kind, patient, knowledgeable about my case and he had good relationship with the court personnel.
At the end my case was dismissed and its only thanks to Mr Ari and Sexner Associates. Thank you. I was recommended to Mitchell Sexner through a friend, and decided to have one of his associates represent me in my DUI case. I was pleasantly surprised to find that the whole process went smoothly and just like he said it would. If I ever need legal assistance again, I'll be a returning client for sure. Mitchell Sexner and Associates are the best!
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A positive experience overall. Very helpful and answered all my questions. Showed up to my court date and explained me the process and got to work right away with the Court Officials.
Case was converted to lower speeding and ended up with supervision and lower court fine. Thanks for all the support. He represented me on my court date and he surpassed my expectations. Mitchell Sexner is an excellent trial lawyer who is very well respected throughout Northern Illinois.
He is knowledgeable not only of Illinois law, but its practical applications. Sexner was wonderful to work with! The outcome was much better that originally anticipated. The attorney Ari Trubitt is an extremely knowledgeable attorney and I am very pleased with the services provided. I highly recommend this law firm without a doubt. Thanks again!!!! Job well done. This lawyer is unique. He is unique.
I know his education is supreme and yes I trust him. Not with this lawyer. Thanks Mitch. This Lawyer is Unique. We would recommend this firm to anyone in need of legal representation. I used Mr. Sexner's office for a legal matter. Mary met with me before my court date and at court. They also set up a manageable payment plan for me. I would use them again in a heart beat. I had problems with the police. I was really scared. They were so helpful.
They treated me like family. I recommend them times over. Highly recommend them! Best lawyers in town! Sexner and his team did an incredible job with my case. I was certain that I could lose my license or worse. They made the entire thing go away. It was like it never happened. The Associates made it easy during court. I was out of the court in no time. They managed to reduce my speeding offense from a class B misdemeanor to petty offense. My case was assigned to V. Mary Baccam by Mitchell Sexner.
Mary was very professional and on top of the case the whole way thru the process. Today my case was dismissed and nothing involving the issue is on my record.
I would like to thank Mitch and Mary for all the work they did. Mitch also worked with me on a payment plan to help make payments manageable. All rights reserved.
Any use of this information is at user's own risk. Consult a lawyer first if professional legal advice is required. Referral of cases to other well qualified attorneys may occur after full disclosure. As all cases are different, results may vary. Advertising material. Please refer to full disclaimer. We represent clients in Arlington Heights, Chicago and throughout Illinois. Potential Jail or Penitentiary Time in Chicago In Illinois, the Criminal Code provides for felonies, misdemeanors, petty offenses and business offenses.
Supervision and Special Forms of Probation Generally, a felony charge cannot be disposed of by a sentence of court supervision as it is prohibited, and the special probations mentioned above apply in limited felony cases. Probation Sentencing in Chicago Probation is the last step before jail or prison. Contact a Chicago Criminal Lawyer Who Understands Sentencing Alternatives If you are charged with any criminal offense in Chicago, you are facing the full weight, might and authority of the government, which has all the resources it needs to prosecute you, and possibly convict you.
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It is up to the prosecutor to prove there are aggravating factors in each case. If the Crown establishes that the offence is one for which a jail sentence of less than two years is appropriate, the judge is then required by the Supreme Court of Canada to consider whether the sentence may be served in the community as a conditional sentence. The Criminal Code sets out various requirements for a conditional sentence.
First, the judge must be satisfied that it would not endanger the safety of the community for the offender to serve a sentence in the community.
Next, a conditional sentence must be consistent with the fundamental principles of sentencing set out in the Criminal Code. Those principles include the fundamental purpose of contributing, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions. Finally, a conditional sentence is not available for various specified serious offences. Conditional sentences are jail sentences served in the community.
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