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Archive for the ‘Probation’ Category

What Is 410 Probation in Illinois?

January 15th, 2019 at 10:07 pm

IL defense lawyerAccording to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.

Felony Possession Charges in Illinois

Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:

  • 15 grams or more of LSD, morphine, heroin, or cocaine;
  • 30 grams of more of pentazocine, ketamine, or methaqualone; or
  • 200 grams or more of amphetamines, peyote, or barbituric acid.

The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.

410 Probation

In order to be eligible for 410 Probation, individuals must meet certain requirements. One of these is that the individual cannot have any previous drug charges, including those involving cannabis. They also could not have been placed on probation in the past.

In order to accept the probation, individuals must plead guilty to the drug charge. After the guilty plea is accepted, a judge will place the individual on probation instead of entering a judgment.

While on probation, the individual will have a number of conditions that must be met. These include:

  • No weapon possession while on probation;
  • No criminal violations;
  • Random drug testing;
  • 30 hours of community service;
  • Possible fines;
  • Possible rehabilitation; and
  • Continued court appearances throughout the probation time.

Once the probation has been completed successfully and the individual has met all the conditions, the court will then dismiss the charge.

The biggest benefit of 410 Probation is that it allows individuals to avoid prison time. Due to the charge being dismissed from their record after probation is completed, the charge will also be cleared from the individual’s public record.

If a background check is done by future employers or landlords, the record will show that the individual was charged with a felony drug charge, but that the charges were dismissed. After five years, individuals that have successfully completed 410 Probation can petition the court to have their record sealed.

Contact a Rolling Meadows Criminal Defense Lawyer that Can Help

While 410 Probation has many advantages for those facing first-time felony drug charges, the program also has some drawbacks. For example, if an individual violates the conditions of their probation, they will not be able to contest the charge in court because they have already pled guilty. In addition, if the court determines the individual has a significant drug problem, they may also deny the possibility of probation.

If you have been charged with a felony drug charge, contact a skilled Rolling Meadows criminal defense lawyer that can help. We can review your case and determine whether or not 410 Probation is a possibility, and if it is in the best interest of the accused individual. Call us today at 847-394-3200 for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410

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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