DuPage County Probation Violations Attorney

Probation violation occurs when a person on probation does something that breaks the terms or conditions of the probation. Probation violations are taken seriously in Illinois, and punishment may result in significant penalties, including fines, having your probation extended, and going to jail.

The experienced Illinois probation violation defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements, and we will work with you to mount the most effective defense possible.  We offer a free consultation, so contact us for help today at 630-305-0222 if you have been accused of any criminal charges.

What is Probation?

If you are found guilty of a crime in Illinois, whether through a trial or because you entered a guilty plea, you may receive probation in lieu of going to jail. The Illinois statute dealing with probation is (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4), and it allows a lot of leeway in what constitutes probation.

If you are sentenced to probation, you are allowed to continue to live in the community for a certain period of time, as long as you abide by the conditions and requirements of your probation. You will be supervised by a probation officer, who will make sure you meet the conditions of your probation and notify the court if you do not.

While terms of probation vary, it is common to have the following requirements:

• Reporting to your probation officer at the times they direct
• Refraining from using or possessing alcohol or illegal drugs
• Paying court costs and other fines and fees
• Obeying all local, state, and federal laws
• Avoiding contact with any victims or co-defendants
• Not entering certain places like bars.

Additional terms of probation vary from case to case, depending on the situation.  For example, if you have a history of substance abuse, you may be required to get treatment and periodic screenings for drugs and alcohol.

If you follow the rules and successfully complete your probation, this will show on your criminal record and you will be free from further regulation.

What if Probation Is Violated?

The Process of Proving a Probation Violation and What Happens Next

The probation violation process begins with your supervising officer. If they believe you violated your supervision conditions, they could choose to issue you a warning. Otherwise, your probation officer will file a notice of violation of probation with the Clerk of the court. This notice directs you to appear in court for a hearing on a specific date and time.

The notice can be served on you or delivered to your last known address. If you do not appear for your hearing, the court can issue a warrant for your arrest. Otherwise, at your initial appearance, the court will inform you of the alleged violations. If you are not represented at this time, the court will discuss with you whether you want to have an attorney representing you.

At your violation hearing, the judge’s first consideration is whether there is enough evidence to prove you violated your probation. The prosecution must prove by a preponderance of the evidence that you did not comply with the terms of your probation. “Preponderance of the evidence” means the alleged violation is more likely true than not.

Once the state believes it has met its burden, you have the opportunity to present evidence in your defense. You can call witnesses to testify on your behalf, present evidence, and testify yourself if you want to do so.

After you and the prosecution have had an opportunity to present your evidence, the court will decide whether the state has proven that you violated your probation. If no violation has been proven, your probation will continue without any additional condition or sanction being imposed. Your conditions will remain as they were previously set.

After a Violation Is Proven

If the court does believe it is more likely than not that you violated probation, the judge will then determine what, if any, sanction they should impose. Before doing so, the judge may hear additional evidence about aggravating or mitigating factors that the parties want the court to consider. These might include:

• The amount of time you have been on probation without a violation
• The number of previous violations you have had
• The availability of additional resources like drug treatment
• The nature of the present violation.

The court can take several actions, including:

• Allowing your probation to continue without modification
• Extending the length of your diversion period
• Ordering you to perform community service
• Directing you to enter treatment or another rehabilitative program
• Modifying the conditions of your probation.

The court also has the option of revoking your probation and ordering you to serve time in jail or prison.

If you are accused of violating probation, you could be incarcerated in jail or prison. Take this matter seriously and contact Wolfe & Stec immediately at 630-305-0222.

Responding to Probation Violation Charges

Your Legal Rights and Options

Being accused of violating your probation terms places you in a precarious legal position. However, probation violation charges are allegations that the prosecution must still prove. Anyone faced with probation violation charges should know their legal rights and have the help of an experienced probation attorney to avoid additional penalties and consequences.

If you are on probation, it means you have been convicted of an offense. This is important to remember.  You do not have all of the rights at a probation violation hearing as you did before you were convicted, but you have the right to:

• Receive notice of the claimed violations in writing
• Be heard by a neutral judge in court
• Be represented by an attorney and have an attorney appointed to represent you if you cannot afford one
• Be confronted with and challenge the prosecution’s witnesses and evidence in open court
• Testify in your own defense (but you cannot be compelled to do so against your will)
• Present evidence and witnesses to support your case.

Even though your rights are more limited than those of a defendant before conviction, the prosecution still has the burden of proving that you violated your probation.

Defenses to Probation Violation Allegations

Depending on the circumstances of your case, there may be one or more defenses you can raise. For example, if neither the court nor your probation officer informed you of a condition you are alleged to have violated, the court would not revoke your probation. Similarly, if you are accused of failing a drug test, the court will not revoke your probation if you can show that the drug test result is unreliable.

You are responsible for presenting evidence and testimony to establish your defense. With an attorney’s help, you can subpoena witnesses and documents to help you meet this obligation.

Put Your Trust In Us — Contact Wolfe & Stec, Ltd. for a Free Consultation.

If you or a loved one has been accused of violating probation in Illinois, you need to hire the best probation defense attorney that you can find.

The experienced and seasoned Illinois criminal defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation.  We work with our clients to come up with an effective defense strategy to minimize the negative impact of the violation and to focus on protecting your freedoms, liberties, and rights.

We are aggressive litigators and will answer all your questions and make sure you fully understand the facts surrounding your case.  We represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, and the greater Chicagoland area.

Delaying can only make your situation worse, so contact us and call 630-305-0222 today to schedule your free initial consultation.