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2006-11-13 14:42:46 · 1 answers · asked by markon 2 in Politics & Government Law & Ethics

We also have a type of sentence called a conditional discharge, how does it differ then from a suspended sentence? A conditional discharge, is described as being released on conditions for a period of time. If they are met, your record is wiped clean.

2006-11-13 15:00:58 · update #1

1 answers

I don't know about Canada, but in America
a suspended sentence is a special type of sentence where the judgment of the court is "suspended' pending the completion of a program or the occurrence of a condition... for example, you might get a 6 month "suspended" sentence for drug possession and enrollment in an intensive drug treatment program. If you pass the drug program, then the sentence (and conviction) is never entered. If you fail, then it's off to jail for that time.

On the other hand, probation is a sentence that's imposed, so you plead guilty, and you're required to be "on probation" for a period of time. You have conditions of probation, like checking in with an officer, passing drug tests, paying restitution, doing community service, etc. If you break those conditions, then you may be sentenced to prison... either for the probation violations or for the substantive sentence.

So the real difference is that a suspended sentence isn't a sentence at all -- the conviction and sentence will be (sort of) wiped away once the conditions are complete. (I.e. you are not a felon, you don't have a judgment on your record.) Probation is an actual sentence in lieu of imprisonment. But imprisonment is still a possibility if you screw up on probation.

2006-11-13 14:48:15 · answer #1 · answered by Perdendosi 7 · 0 0

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