Скачать или смотреть Conditional Discharge Violations: Can They Go Back to the Original Charges?

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This video is about New York State Conditional Discharge violations and whether the government or the court/the judge can go back to the original charges you faced before plea and sentencing.

I loved trading things as a kid and the rule of kid law was NO Backsies. Once the trade, the deal was made there was no going back to the original owners. That went for baseball cards, toys, and anything else.

In Court once we have a plea and a sentence on that offense there is no going backwards. New York conditional discharge violations can only be re-sentenced on the charge or charges you plead guilty to and nothing more. So if you wound up pleaing to a violation, the worst punishment is 15 days in the county jail.

Most CDs are only one year although a judge can sentence by law to a two year CD as well. The main condition being a stay out of trouble, meaning NO new arrests for one year following the final sentencing. The main term or condition of the DWI CD in particular is the IID. IID or ignition interlock device has to be placed on any car or own and/or operate for a one year term.

If you violate the IID, by drinking and then driving OR they say you have violated by showing a BAC while blowing into the IID then you have violated the CD.

Violations of DWI CDs mean you are now subject to being brought back to the court of sentencing and RE-sentenced by that judge. Resentencing is dependent upon the total circumstances, the judge, the court, and the prosecutor. Sometimes a violation is not really a violation and sometimes it is.

Violations of the IID device on a DWI misdemeanor can lead to a term of probation supervision and monitoring for two or three years and/or a jail sentence.

If you have questions about a DWI, DWAI drugs case, or a CD violation in Ithaca, Watkins Glen, Steuben County or the surrounding counties, give us a call, shoot us an email, or fill out the form on our website:

607-229-5184

BY NEWMAN & CYR

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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.

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