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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.

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