If you are charged with committing a crime in North Carolina, you will need to decide at some point whether to plead guilty or defend yourself at a trial. Even if you believe you are innocent, you may realize that accepting a plea bargain in your case is the right decision. One option that could help you is to obtain a conditional discharge of the charges against you. Our When Can You Obtain a Conditional Discharge?
Only certain criminal offenses can be resolved by a conditional discharge. There are separate rules for obtaining a conditional discharge of certain drug offenses.
Under N.C.G.S. 15A-1341, a defendant who is found guilty of a Class H or I felony or a misdemeanor other than a charge of impaired driving may be eligible for a conditional discharge. In order for a conditional discharge to be granted, the prosecutor and defendant must file a joint motion with the court. In addition, the judge must find all of the following:
- Any victims of the crime have been notified of the motion by subpoena or certified mail and have been given an opportunity to be heard.
- The defendant was never convicted of a misdemeanor or felony that involved moral turpitude.
- The defendant was never placed on probation in the past and testifies to this under oath.
- The defendant is unlikely to commit any other crime other than a Class 3 misdemeanor.
If the individual successfully completes the terms of their probation, the benefit of a conditional discharge is that the charges against them will be dismissed. If they violate their probation, the judge would sentence them for the crime they pled guilty to committing.
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