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    0163buster's Avatar
    0163buster Posts: 1, Reputation: 1
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    #1

    Feb 3, 2013, 10:33 AM
    Criminal law
    If you was already on conditional discharge for fighting and then 6 months later you got arrested for a domestic argument no violence, violence would you automatically be sent to prison .
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 3, 2013, 05:22 PM
    No, not automatically. It would first have to be proven that you violated the terms of your conditional discharge. Mere arrest doesn't, ipso facto, prove guilt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 3, 2013, 08:05 PM
    No, the conditional discharge is out the window, so that conviction will be upheld. So you will have to go back for a new hearing on first charges,
    Second charges is not a second time and a repeat offender, so punishment will not be worst for 2nd time

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