Full question:
I have a one year conditional discharge for a DUI. Can the court revoke my Conditional Discharge because I received a disorderly conduct violation? More importantly, will I go to prison as a result?
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: New York
Answer:
In New York, a conditional discharge is a sentence that allows a defendant to avoid imprisonment or probation, provided they comply with certain conditions set by the court. If you receive a disorderly conduct violation, which is classified as a violation, the court can revoke your conditional discharge. This is because the court has the authority to revoke a conditional discharge if you commit an additional offense or violate any conditions of your discharge (N.Y. Penal Law § 65.05).
As for the consequences, a disorderly conduct violation typically does not result in imprisonment. Instead, it may lead to fines or other penalties. However, if the court revokes your conditional discharge due to this violation, you may face imprisonment for the original DUI charge, depending on the specifics of your case and the court's decision.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.