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In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. In some jurisdictions, an absolute discharge means ...
In an 18-page decision last week, Merchan revealed that he was planning on handing Trump an unconditional discharge, stating that it seemed to be “the most viable solution to ensure finality.”
They are used when it is deemed that a punitive sentence is unnecessary. If the offender re-offends during the conditional discharge period, the court can re-sentence for the original offence as well as passing sentence for the latest offence(s). [76] An absolute discharge means that, in effect, no penalty is imposed. [77]
Absolute discharge 6 months None Conditional discharge, referral order, reparation order, action plan order, supervision order, binding over order, hospital order Various – mostly between one year and period of the order Period of order, or 2 years if the order has no end date
A discharge may be absolute or conditional. If conditional, the defendant will have to comply with terms under a probation order (described in more detail below). If the accused breaches the terms of the conditional discharge, the court which made the order can revoke the conditional discharge and sentence the accused for the offence. [20]
A conditional dismissal is a dismissal in United States law subject to conditions—for example, the dismissal of a suit for foreclosure of a mortgage, subject to receipt of payment in the amount of a tender which induced the dismissal. Thompson v Crains, 294 Ill 270, 128 NE 508, 12 ALR 931.
In the legal system of England and Wales, the surcharge, often referred to as a victim surcharge, is a penalty applied to people convicted of offences, in addition to a conditional discharge, a fine, or a community or custodial sentence, in order to provide compensation for the victims of crime.