How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
14261217
Type Your Criminal Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

I am on conditional discharge for domestic battery which ends

Customer Question

I am on conditional discharge for domestic battery which ends aug 2013. I recently was arrested for shoplifting ($14) and resisting arrest. At least one charge might be dropped. I go to court feb 5 for conditional discharge to show proof of classes and feb 12 for the shoplifting charge. what can I expect on the fifth? and what if any impact will the other charge have on conditional discharge. Im enrolling in another group counseling service outside of court mandate and I work full time. What are the possibilities they pull the plug and I go to jail?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using Pearl.com. It will be my pleasure to assist you today.

Are you on reporting probation?

Do you know if part of your conditional discharge is that you are not ARRESTED for any crime while you are on the conditional discharge (probationary) status?

Thanks
Customer: replied 1 year ago.

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.

Expert:  xavierjd replied 1 year ago.
Hi Joshua,

Thanks for the information.

Usually, when you are on a conditional discharge, the court will run your criminal record to make sure that you have not had any convictions while you were on the conditional discharge status.

Sec. 5-1-4. Conditional discharge.

"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.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD

 

 

 

Expert:  xavierjd replied 1 year ago.
I forgot to mention this.....

If you are violated on February 5th, the judge must read the violation to you. You should plead NOT GUILTY. You can then hire an attorney OR ask for a public defender if you are eligible (you will have to fill out financial information). That way, you can have an attorney assist you in getting the BEST outcome. That would be to keep your conditional discharge (because you were NOT convicted while on the conditional discharge status) and get a disposition that will keep any retail fraud and/or resisting arrest off of your record. It MAY be possible, but you will DEFINITELY need the assistance of a lawyer.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
xavierjd
xavierjd
Criminal Lawyer
3400 Satisfied Customers
Over 20 yrs experience in prosecution and defense work