I am not on reporting probation and it says defendant shall not violate any criminal statute of any jurisdiction
Conditional discharge under section5/5-1-4 and 5/5-6-2 of chapter 730 illinois compiled statutes for 1 yr expire on 8/3 2013 neither imprisonment or probation supervision being appropriate.
"Conditional Discharge" means a sentence or disposition of conditional and revocable release without probationary supervision but under such conditions as may be imposed by the court.
Sec. 5-/5-6-2 deals with any restitution that may be owed to a victim.
If the judge did NOT put a condition that you were to NOT be CHARGED with a crime while on probation, then you MAY be ok. You have not been CONVICTED of any crime. However, the distinction is minor.
You may wish to GO to the probation department and tell the probation officer (one is always assigned, even if you don't have reporting probation) about your problem. The probation officer MUST be honest with you and with the court. If you were arrested, it will show up on your criminal history.
It may be that your conditional discharge is adjourned until AFTER the outcome of your new case. If you are found "not guilty" or have some other disposition that doesn't show up on your record, then you may be able to keep your conditional discharge for the domestic battery.
Or, it may be that the judge terminates your conditional discharge and places the conviction on your record without further punishment. However, as you know, the judge COULD put you in jail AND terminate your conditional discharge and place the conviction for the domestic battery on your record.
IT WOULD BE IN YOUR BEST INTEREST to speak to an attorney who specializes in criminal law BEFORE your February 5th court date. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. An initial 30 minute phone consultation is $25-$30. It is WELL worth the money, given the seriousness of possibly having an assaultive and theft crime on your record. If that were to happen, it would SERIOUSLY hamper your job opportunities as well as professional licenses and school aid/entry.
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