How Probation Works in Illinois

 Posted on August 09, 2017 in Probation

Probation, not to be confused with parole, is a court ordered sanction that can be imposed on some criminal offenders as an alternative to incarceration. Probation affords an offender who has demonstrated a willingness to rehabilitate himself or herselfthe opportunity to remain a member of the community (and to stay out of jail) so long as he or shestrictly complies with the conditions of his or herprobation.

In Illinois, probation conditions vary from offender to offender and case to case but often include:

• A curfew;
• Mandatory participation in rehabilitation programs and/or counseling;
• Prohibition on consuming drugs and alcohol;
• Drug testing;
• Paying restitution, attorneys fees, and/or fines;
• Completing community service;
• Staying within the state unless granted permission to leave;
• Diligently searching for a job;
• Leaving the victim(s) of the crime alone;
• Reporting to a probation officer; and/or
• Prohibition on possessing weapons.

In Illinois, each and every court ordered condition of probation is very important as violating just one of them means that the offender is in violation of probation.

What Does it Mean to Be in Violation of Probation?

When an offender is placed on probation the court clearly lists the conditions of probation that must be met. If the offender fails to meet any of these conditions, then he or she is considered to be “in violation of probation” and risks having their probation revoked. When this happens, then his or herprobation officer may either issue a warning or request the alleged violator to appear in court so that a judge can determine whether or not the terms of his or herprobation were violated.

Before an Illinois offender who is requested to appear in court under suspicion of violating the conditions of his or herprobation can have their probation revoked, the prosecution must file a Motion to Revoked Probation. When this happens, a hearing is scheduled and both the person who allegedly violated the conditions of his or herprobation as well as the prosecution have an opportunity to argue their respective sides of the matter.

If the court finds that the individual did in fact violate the terms of his or her probation, then the judge has the power to revoke probation and sentence the individual to serve time in jail instead. However, the judge also has the option of extending the individual’s probation, imposing additional conditions of probation, or ordering the individual to serve a brief stint in jail before being placed back on probation.

Clearly, being in violation of probation is no joke. Therefore, if you have been accused of violating a condition of your probation, then it is important that you know and exercise your legal rights. Most importantly, remember that your probation can not be revoked until you have had the opportunity to present evidence in your defense at your probation violation hearing, and be aware that you can have a criminal defense attorney represent you at this hearing.

Contact a Violation of Probation Defense Attorney for Professional Assistance

At The Law Offices of Christopher M. Cosley we provide aggressive criminal defense representation to clients accused of violating the terms of their probation across Illinois. Our experienced Rolling Meadows probation violation defense attorneys are here to help you. Call847-394-3200 today.

Source:

https://www.law.cornell.edu/wex/parole