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Conditional leave is an agreement between a court and an offender to avoid incarceration by meeting certain conditions. Offenders can choose whether or not to agree, but violating the conditions can result in conviction and maximum penalties. Courts offer this arrangement to those with minor charges or no criminal record to combat prison overcrowding. However, mandatory sentencing may prevent this option.
Conditional leave is a legal arrangement in which a court provides a list of conditions that must be met if a person wishes to avoid incarceration. An offender has the option of whether or not to enter into this agreement when it is offered to him. In some cases, even though the offense is minor or the offender has no criminal record, the court cannot enter into such an agreement due to mandatory sentencing.
If a person is subject to a conditional discharge, they have been convicted of some type of crime. A conditional leave is an agreement that is made after a person’s guilt has been determined. In this type of settlement, the court will typically issue a list of terms of probation. These may require a person to take and pass regular drug tests, to maintain employment or school attendance, and to complete an awareness or rehabilitation program.
A person, who wishes to avoid incarceration, can agree to these terms. There is generally a period that the court will determine during which these conditions apply. If a person violates any of the conditions, they can be brought back to court and convicted of the offense for which the parole applied. Furthermore, if he cancels that agreement as a criminal activity, he may be subject to the maximum penalties for that offense as well. While many conditions are specifically outlined, it is usually stated that committing any offense is grounds for withdrawing discharge.
Submission to a conditional release is a matter of agreement by the offender. A court or lawyer generally cannot force a person to agree to this agreement. Some people find it in their best interest not to agree to such terms. One reason is that in some cases the probationary period is substantially longer than the prison period.
Another reason why some people would prefer not to be subject to conditional leave is that a person’s probationary period may be for one year, for example. Might be violating a minor condition after 10 months. This could result in him being taken back to court and given the maximum sentence for his previous conviction with no regard for the past 10 months of membership.
One reason courts favor such arrangements is because they often help combat prison overcrowding. In most cases, conditional leave is offered to people with no criminal record, those with lesser charges, and minors. There are some cases, however, where due to a mandatory conviction, a court is prohibited from entering into such an agreement.
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