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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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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: 4 years ago.
Category: Criminal Law
Expert:  xavierjd replied 4 years ago.
Thanks for using 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?

Customer: replied 4 years 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 4 years 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!





Expert:  xavierjd replied 4 years 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!