Facing criminal charges can be daunting, and the potential consequences can significantly impact your life. North Carolina offers an alternative to traditional sentencing for eligible first-time offenders through the 90-96 Conditional Discharge program, authorized under N.C. Gen. Stat. § 90-96.
Understanding 90-96 Conditional Discharge:
- This statute grants eligible defendants a second chance to avoid a criminal conviction on their permanent record.
- Instead of immediate sentencing, the court places the defendant on probation for a specified period and orders them to complete conditions.
- Upon completion of the court mandated conditions and the specified period of probation, the court can enter a dismissal (discharge) of the original conviction.
Eligibility for 90-96:
- First-time offenders: Individuals with no prior criminal convictions or deferred prosecutions qualify.
- Specific offenses: The program applies to certain misdemeanor and low-level felony drug charges only.
- Successful completion of probation: Meeting all court-ordered requirements throughout the probation period is essential.
Key Aspects of 90-96:
- Probation Requirements: The court mandates specific conditions, such as:
- Completing drug education or rehabilitation programs.
- Maintaining employment or actively seeking work.
- Regular meetings with a probation officer.
- Possible court fees or community service.
Benefits of 90-96:
- Successful completion leads to dismissed charges: If the defendant fulfills all probation requirements, the original charges are dismissed. This results in a clean record, meaning the offense will not show up in a standard background check.
- Avoidance of harsher penalties: 90-96 offers an alternative to potential jail time, fines, and the long-term consequences associated with a criminal conviction.
Important Considerations:
- Not guaranteed: The court holds the discretion to grant or deny 90-96 eligibility based on the specific circumstances of the case.
- Probation violations: Failure to comply with court-ordered conditions can result in the original charges being reinstated, potentially leading to a criminal conviction.
Seeking Legal Representation:
Navigating the legalities surrounding criminal charges is crucial. Consulting with an experienced criminal defense attorney in North Carolina is highly recommended:
- Assessing eligibility: A Ley Law attorney can determine if you qualify for the 90-96 program based on your specific situation and the nature of the charges.
- Negotiating with the prosecutor: A Ley Law attorney can advocate for your inclusion in the program and potentially negotiate favorable probation terms.
- Ensuring compliance: A Ley Law attorney can guide you through the requirements of the program and ensure you meet all your obligations.
- Call or text us at 252-612-0007 for our Greenville location or 919-918-0028 for our Goldsboro Office. We service many counties.
Disclaimer:
This blog post is intended for informational purposes only and should not be construed as legal advice. Please consult with a qualified attorney to discuss your specific criminal charges and explore the possibility of 90-96 Conditional Discharge in North Carolina.
