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Archive for the ‘Probation’ Category

How Probation Works in Illinois

August 9th, 2017 at 9:40 am

how probation works, probation, Rolling Meadows probation violation defense attorney, probation violation, criminal defense representationProbation, 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 herself the opportunity to remain a member of the community (and to stay out of jail) so long as he or she strictly complies with the conditions of his or her probation.

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 her probation 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 her probation were violated.

Before an Illinois offender who is requested to appear in court under suspicion of violating the conditions of his or her probation 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 her probation 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. Call  847-394-3200 today.

Source:

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

Probation Supervision

July 20th, 2013 at 12:32 pm

LucyIf you have been charged with and found guilty of a crime in the U.S., you may have to pay a fine, serve jail time and/or be on probation for a certain length of time. Probation is usually after you get out of jail, although sometimes it is a less severe alternative, when you can live home, but you are still under strict supervision by law officials and you are still limited to what you can and cannot do.

When you are being supervised for probation, your officer makes sure that people on probation follow all the conditions that were set by the court when he or she was released.

Probation officers are also responsible for the safety of the community in which the person on probation is released into. Along with the safety of the community, probation officers also help with the health of the person on probation. This includes medical care, employment assistance and mental health treatment, basically anything that will help him or her to re-enter into the community.

If you have a probation officer, it is his or her responsibility to monitor you at all times, be a line of communication to the court and to keep you and people around you safe. They must interfere in a situation in which you are involved if they do not approve, and be sure that you know what the court expects from you and help you to achieve that.

Probation officers are not meant to be friends, they are doing their jobs as officers of the law. It would be much easier for criminals to not have to check in and be monitored at all times. If you have been accused of a crime, however, contact a criminal attorney to help you get out probation-free. Attorney Christopher Cosley can help you in a Rolling Meadows crime court today.

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