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Dealing With the Fallout from a Probation Violation in Illinois

Posted on in Criminal Law

Dealing With the Fallout from a Probation Violation in IllinoisIf you have been convicted of a crime in Illinois, one of the more favorable outcomes is receiving a sentence of probation, rather than jail time or another sentence. Probation is almost like a second chance; it allows you to continue living in your home and going to work as usual, rather than being confined in jail. After your conviction, you will attend your sentencing hearing, which is where the judge will announce that you have been sentenced to probation. The judge will also decide what your probation requirements are, which can be things that you are prohibited from doing or things that you are required to do. Your probation is contingent on these terms, meaning you must follow them or you risk being incarcerated. If you violate the terms of your probation, a series of events will take place.

Receiving a Notice of Your Violation

There are a few ways you could be accused of violating the terms of your probation. If you were sentenced to unsupervised probation, you do not have a probation officer who is checking up on you, but you can still be arrested by police during your probation period. If you were sentenced to supervised probation, your probation officer will be monitoring you and can report when they believe you have violated the terms of your probation. Once a petition for violation of your probation has been filed with the court, you will receive a notice in the mail instructing you to attend your violation hearing. If you do not attend, a warrant will be issued for your arrest.

Attending Your Probation Violation Hearing

A hearing will be held to determine whether or not you truly did violate the terms of your probation. During this hearing, the state is tasked with the burden of proof, meaning you do not have to prove you are innocent of the violation. Rather, the state must prove that you are guilty by a preponderance of evidence, which means that the probability that you violated your probation must be higher than the probability of you not violating it.

Possible Consequences for a Probation Violation

If you are found guilty of violating the terms of your probation, there are a few different punishments that the judge can impose. First, the judge could release you with no further consequences and allow you to continue serving your probation sentence. The judge could also modify the terms of your probation or increase the length of the probation. If you violated a more serious term of your probation, the judge could also revoke your probation altogether and impose any other sentence that was available for your original crime. 

A Cook County Probation Violation Defense Lawyer Can Be Immensely Helpful

If you have been accused of violating your probation, you are probably scared and anxious about what that means. It could be possible that your probation sentence will be revoked and you will have to serve a jail sentence, or it could be something as simple as revising the terms of your probation. Either way, if you have been accused of violating the terms of your probation, you need a skilled Tinley Park, IL, probation violation defense attorney by your side. At the Law Office of John S. Fotopoulos, P.C., we understand the stakes of a probation violation and will do everything in our power to prevent you from going to jail. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-4

National Rifle Association Illinois State Bar Association Chicago Bar Association Illinois Trial Lawyers Association Cook County Bar Association National Academy of Personal Injury Attorneys The John Marshall Law School Hellenic Bar Association Will County Bar Association National Association of Criminal Defense Lawyers
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