Ramifications of Probation Violations in Illinois

 Posted on June 10, 2024 in Criminal Law

Depending on the type of crime you are convicted of, the court might opt to hold you accountable without a prison sentence. Probation is a way to monitor convicted criminals without incarceration. It can also be offered to prisoners who meet conditions for early release, in which case they have a period of probation instead of serving out the rest of their sentence. While it is much more lenient of a punishment than jail time, it comes with strict guidelines. Failure to follow them puts you at risk of additional penalties and incarceration. If you get released on probation, consult with a knowledgeable DuPage County, IL defense lawyer to avoid pitfalls that might be a violation of your probation.

How Does Probation Work in Illinois?

There are two types of probation in the state of Illinois:

• Unsupervised probation: This probation has fewer requirements, as you will not need to check in with a probation officer or submit to a drug test, but you might be required to carry out community service. However, if you get arrested again, your probation is revoked, and you could face incarceration. This punishment is mostly granted to people convicted of less severe misdemeanors.
• Supervised probation: When you are released on supervised probation, a probation officer is assigned to you. The conditions of supervised probation vary but commonly include drug tests, regular in-person check-ins and phone calls, community service, home visits, and verification of employment. You could also be required to psychological therapy, anger management classes, or substance abuse treatment programs. Just like unsupervised probation, if you are arrested while on probation, you could face incarceration.

What Happens When You Violate Probation?

If you fail to comply with any of the conditions of your probation, the probation officer assigned to your case can do one of two things:

• Issue a warning: This is generally done for a first-time or less severe violation, such as missing one weekly check-in. The probation officer will call and review the conditions of your probation, and if you fix the issue, there are no further consequences.
• Submit a violation report to the judge. Depending on your violations and the probation officer’s recommendations, the judge might summon you to a probation revocation hearing. You will be able to explain your violations and plead your case, but if the judge revokes your probation, you will need to serve a prison sentence.

Contact a DuPage County, IL Defense Lawyer

Being accused of violating the terms of your probation can be very serious. Speak with a qualified Wheaton, IL criminal defense attorney who can help you as you defend yourself. At Davi Law Group, LLC, we are passionate about second chances, and we fight aggressively so our clients do not pay for their mistakes for the rest of their lives. Call us at 630-580-6373 to schedule a free consultation.