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Kundra pleaded guilty in Maryland District Court in Rockville to theft of less than $300 on Aug. 27, 1996. Maryland court records show he was sentenced to supervised probation, 80 hours of community service within the following six months and fined $500, of which $400 was suspended. He had to pay $155, including court costs.
Almost a year later, his attorney Gary L. Segal applied for reconsideration and got the disposition changed to "probation before judgment," which Segal said is technically not a conviction in Maryland.
"Probation before judgment is a disposition available in Maryland for minor offenses like misdemeanors. It means that if he were asked if he had ever been convicted of a crime, he could say `no,'" Segal said in an interview Tuesday.
Judges are often willing to make such a change in disposition once a defendant has complied with probation provisions, according to Segal, who said he had no memory or records of the case but had reviewed the court's computer records of it.
It could not immediately be learned from court records what Kundra stole. Gary Cranford, supervisor at the Maryland District Court records center in Annapolis, Md., said the paper case file, which would contain such details, was not in the box that was supposed to contain it. Neither Cranford nor court officials in Rockville were able to locate the file Tuesday.
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