If a person accepts a Crown offer for a discharge, they are still required to admit facts that would meet the essential elements of the crime and are therefore found guilty by the judge. In bankruptcy practice. • The discharge is a fairly rare sentence in criminal law and is generally reserved for those particular situations which might warrant a discharge; either an absolute discharge - one with no conditions; or a conditional discharge. (a) Except as otherwise required by section 60.05, the court may impose a sentence of conditional discharge for an offense if the court, having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that … A mortgage is discharged if it has been carried out to the full extent originally contemplated or … There are two types of discharge. (D) To terminate debt obligations in bankruptcy. The definition and terms for Conditional Discharge in New Jersey are contained under N.J.S.A. Source: Merriam-Webster's Dictionary of Law ©1996. He lo whom a guaranty is made. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. domestic violence and prior conviction and aggravated burglary. If the defendant succeeds on probation, the court dismisses the conviction. The discharge of one's debt as a result of a bankruptcy proceeding. In equity practice. How to use discharge in a sentence. All Rights Reserved, (A) The practice of being a surety or guarantor on an agreement. Law Dictionary – Alternative Legal Definition. The discharge of a defendant, in prison under a ca. (A) practice. ACQUITTAL, crim. He is entitled to acquittal if the evidence provided to the court is not sufficient to prove the offence. In the process of accounting before a master in chancery, the discharge is a statement of expenses and counter-claims brought in and filed, by way of set-off, by the accounting defendant; which follows the charge in order. 3. As a noun, the word means the act or instrument by which the binding force of a contract is terminated, irrespective of whether the contract is carried out to the full extent contemplated (in which case the discharge is the result of performance) or is broken off before complete execution. Learn more about the principles and types of criminal law in this article. victim sent certified letter to court saying son did not touch her physically or steal anything. Absolute discharge - no further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent. Unlawful discharge laws typically punish the unlawful firing of a firearm, such as a pistol or shotgun, but they may also apply to other weapons such as crossbows, blowguns, and BB or pellet guns. Unlawful discharge laws prohibit firing any weapon in certain areas or under specific circumstances, such as firing from a moving vehicle, firing across a state highway, or firing into or at an occupied building. The discharge of the bankrupt is the step which regularly follows the adjudication of bankruptcy and the administration of his estate. There is also in occasional use a form of “discharge without honor,” which implies censure, but is not in itself a punishment. To be considered in the best interests of the accused, the conviction and criminal record must have significant repercussions on the individual. 2C:36A-1. Definition of Coercion The broad definition of coercion is "the use of express or implied threats of violence or reprisal (as discharge from employment) or other intimidating behavior that puts a person in immediate fear of the consequences in order to compel that person to … The law is also subject to change from time to time and legal statutes and regulations vary between states. If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you! Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). If you fail to meet the conditions, the discharge may be revoked and you could be subsequently convicted. In the law of contracts. Discharge of an Accused in a Criminal Case The usual procedure in a criminal case is that if the police investigation shows there is a prima facie criminal offence against the accused, then a final police report (Charge Sheet/Challan) is filed. Co. Technically speaking, acquittal is - the absolution of a party accused on a trial before a traverse jury. Discharge by operation of law is where the discharge takes place, whether it was intended by the parties or not; thus, if a creditor appoints his debtor his executor, the debt is discharged by operation of law, because the executor cannot have an action against himself. For purposes of a discrimination or harassment lawsuit, a constructive discharge is like any other tangible employment action. Discharge definition is - to relieve of a charge, load, or burden:.
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