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 penalties you face depend on factors that include the type and seriousness of the violation, other probation violations or warnings you have previously had, and any circumstances that affect the severity of the situation.
If you have violated any terms of your probation in Illinois, you want to have top-notch legal assistance to make sure you receive the least penalties possible and prevent a return 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 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.
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:
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; and if you have mental health problems, you be required to get treatment and take medications.
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.
If you violate any terms of your probation, your punishment will depend on the severity and type of condition violated. Your probation officer will start by deciding whether to merely issue a warning or whether to file a Notice of Violation of Probation (VOP) with the Clerk of the Court. The VOP requires that you appear in court for a hearing to determine a penalty, which may include jail time. The Notice will be mailed to your last known address, so you must update your address with the Probation Department. If you fail to appear in court at the assigned time and date, the judge will issue a warrant for your arrest.
During your court hearing, a judge will hear your case to consider whether you violated your probation. The determination is made based on whether there is a preponderance of evidence that shows the likelihood of a violation is more than 50 percent. The judge may consider factors such as the type and seriousness of the violation, whether you had prior probation violations, and whether there were other aggravating or mitigating circumstances that caused the violation.
If you are found guilty of probation violation, the judge may set a bond, and you still will face further sentencing. Your sentence may include extending the time or increasing the terms of your probation, having to perform community service, or having to attend rehabilitation. You may have to spend a brief time in jail or you might even have your probation revoked and be made to serve out the remaining time of your original sentence in prison.
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.
You have the right to:
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.