A conditional discharge (often called a “CD”) is an attractive way in which a criminal charge in New Mexico can be resolved. A CD is often an excellent opportunity for persons charged with crimes in New Mexico because it gives the possibility of having no criminal conviction as a result of the case.

Essentially, a CD comes your way through plea negotiation or by order of the judge at sentencing. With a CD, the Court will not enter a judgment of guilt but will rather hold back on that judgment for a period of time in which you are on probation and prove your rehabilitation.

Whether you get a CD offered to you or can receive it from the judge at sentencing depends on several factors. For example, how many charges have you had in the past? How intense or big of a crime are we talking about here? Can you get some family to vouch for you? How well have you been doing on conditions of release? Are you getting counseling? Are you working? Do you express remorse with a heartfelt apology? These factors can make a big difference on whether the judge will order a CD. Skillful negotiation and a great sentencing presentation by your lawyer can be the factor that seals the deal in cases where it is a close call.

You cannot receive a conditional discharge if you already have a felony conviction or if the crime you are pleading to or are found guilty of carries a mandatory minimum amount of time. There is also no conditional discharge available to DWIs.

Be aware that there is a special Narcotics Conditional Discharge available on first drug offenses, which in many ways is even more attractive than an ordinary CD.

CDs of both types are considered dismissed after the completion of the required probation. This means that you can even get the charge expunged from your record. Expungements are a powerful remedy for false charges or reward for reformation.

The downside to the conditional discharge is that if you fail on probation, you can get your CD revoked and potentially serve the full jurisdiction of the charge that you pled to. If your case is winnable, you and your lawyer will have to have a discussion about whether taking even an attractive plea offer is in your best interest.

Nevertheless, a CD is very often an amazing opportunity and, if available, a powerful goal to strive after. And if you have a CD, you have an incredible motive to do well and protect it.