Probation Violation Lawyer Illinois
Probation Violation Lawyer in Illinois. Hearing the judge say “probation” can be a massive relief for somebody convicted of a crime; you maintain the majority of your freedom and never have to go to jail or prison. But if you get a probation violation notice, it can bring back the same uncertainty and worry you felt at your original sentencing. An expert, accomplished and knowledgeable Illinois probation violation lawyer will defend your rights and have your case dismissed or minimize the consequences you can face for violating your parole. We have over 40 years of experience pursuing and securing justice for our clients in Illinois and throughout the Midwest. Call a Drummond Law probation violation lawyer in Illinois at 217-388-1103 or contact us online for a free consultation.
Courts often offer probation as an alternative sentencing option for first-time offenders and people who have not been convicted of a violent crime. Common convictions where probation is an option are:
- A range of misdemeanors
- Drunk driving
- Non-violent gun crimes
- Drug possession or other drug crimes
- Juvenile offenses
- Many Illinois felonies that are not Class X felonies
Conditions of Probation in Illinois
According to 720 ILCS 550/10, the mandatory conditions of probation in Illinois are that you:
- Do not violate any criminal statute
- Do not possess a firearm or other dangerous weapon mentioned in 720 ILCS 5/24-1
- Submit to periodic drug testing as often as the court dictates (usually once a month, but can be as few as 3 times total)
- Perform 30 hours of community service
In addition to the mandatory conditions, the court may also require you to:
- Periodically report to and appear in person to the court or a probation officer
- Work or pursue education or a vocational training
- Undergo psychiatric treatment or drug or alcohol rehabilitation
- Live in a facility designed for people on probation
- Pail child support (if you have children)
- Stay away from certain people or places
- Refrain from using any drug prohibited in the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act
It’s always the best idea to fulfill the terms of your condition to the best of your abilities. But if you slip up or circumstances outside of your control cause you to violate your probation, you need to contact an Illinois probation violation lawyer right away for the best chance of avoiding jail time and not having the terms of your probation significantly altered.
Types of Probation Violations in Illinois
In Illinois, there are two types of probation violations. They vary in terms of how seriously the court will view the violation, the punishment you’ll receive and how your Illinois probation violation lawyer will present your defense.
Technical Probation Violations in Illinois
A technical probation violation means you violated a condition of your probation. That can include missing a court date or appointment with your probation officer, leaving the state without permission, failing to maintain work or testing positive for drugs or alcohol. Often, there are reasonable explanations for technical violations. You may have had car trouble, had a family emergency out of state or your place of work went out of business. If that’s the case, your Drummond Law probation violation lawyer will be able to reason with the judge and limit any additional conditions being placed on you.
Most of the time, with the help of an experienced and skilled Illinois probation violation lawyer you’ll be able to avoid any time in jail or prison.
Substantive Probation Violations in Illinois
A substantive probation violation is when you commit a new crime while under probation. This is a much more serious violation as courts view a substantive probation violation as an indication that you are unwilling to take advantage of the opportunity to rehabilitate or stay out of prison. If you are being charged with a crime while on probation, you absolutely need an Illinois probation violation lawyer on your case. We’ll work to have your case dismissed, have the charges reduced or minimize any additional punishment to give you the best possible outcome in your case.
What Happens When I Commit a Probation Violation in Illinois?
Your probation officer will be legally obligated to notify the County Probation Department with either type of violation. They will then file a petition for probation violation in court, after which you’ll receive a notice of your violation. Usually, you’ll receive a summons to appear in court, but the court may decide to issue a warrant for your arrest if they believe you’ll flee their jurisdiction or are a danger to anyone else.
Once you’ve been notified, you should contact an Illinois probation violation lawyer immediately so they can begin to gather evidence to dispute the violation. You’ll then have a hearing where the court will decide if you’re guilty. The burden of proof in probation violation cases is a preponderance of the evidence rather than beyond a reasonable doubt. That means the court does not have to prove you violated your parole, just determine that it is more likely than not that you did.
Consequences for a Probation Violation in Illinois
According to 730 ILCS 5/5-6-4 there are a number of ways a court can address a probation violation. Depending on the type of violation, number of violations, if you violated your probation previously and the skill of your probation violation lawyer, an Illinois judge may decide to:
- Give you a warning
- Modify the conditions of your probation to be more strict
- Lengthen your probation
- Revoke the probation and sentence you to a jail or prison term or other alternative sentencing options
Substantive probation violations carry harsher penalties because you could be sentenced for both the original crime you were on probation for and the new crime. Whether you have a first-time technical probation violation or are accused of committing another crime, it’s imperative to hire a probation violation lawyer with experience in the Illinois court system and with getting charges against their client dismissed or reduced.
Illinois Probation Violations Lawyer | Drummond Law
It’s never a good idea to violate your probation in Illinois. If a judge gives you what they believe to be a fair second chance, they won’t like seeing you back in court for not taking advantage of it. But sometimes circumstances arise beyond our control, and sometimes we simply make a mistake or were just in the wrong place at the wrong time. Call a Drummond Law probation violation lawyer in Illinois at 217-388-1103> or contact us online for the best results in your case.