Probation is an alternative to a jail sentence given by a judge in Illinois for minor offenses or where the offender shows a willingness to be rehabilitated. However, probation is not available for everyone, particularly those with extensive criminal records or who have committed major offenses. Probation is essentially the deferment of your criminal sentence. If you comply with the terms of your probation, you won’t have to serve the sentence you otherwise would have had to serve.
What Happens After Your First-Time Probation Violation in Illinois?
If you violate the terms of your probation for the first time, you might face jail time, but the answer is not necessarily. If you’re on probation, you’ll have to comply with specific conditions, which include regular drug testing, undergoing counseling, maintaining employment, or participating in job-search programs. You may also have to pay fines, attorney fees, or restitution. If you violate any condition of probation, you might face various legal consequences, including jail time.
Understanding the Consequences of a Probation Violation in Illinois
The consequences of violating probation in Illinois can vary widely. If the probation officer thinks that a warning is enough, you may receive a warning. Otherwise, you may have to appear before a judge to determine if you violated probation. If the judge finds that you violated probation, the results can range from complete revocation of probation to brief jail time, an extension of the term of probation, or adding more conditions to the probation.
The Importance of Experienced Counsel in a Probation Violation Hearing
If you violate the terms of your probation, you have a good chance of avoiding jail time if you haven’t received a conviction of another criminal offense. However, it’s unlikely to achieve that result on your own. You have the right to legal representation at a probation violation hearing, and you should take full advantage of that right. Considering the long-term costs of probation revocation and the subsequent jail term, obtaining counsel is well worth the investment. You should make sure you get someone with the experience to help you get the best result in your situation.
The Different Types of Probation Violations and Their Consequences
The decision on the consequences of violating probation will depend largely on the nature of the violation. There are revocable offenses, which generally consist of conviction of another crime that almost always leads to revocation of probation and going to jail for the full sentence that was deferred pending successful completion of probation. Technical violations, on the other hand, can include such things as not making all payments on any required fines, court costs, attorney fees, and the like, missing appointments with your probation officer, positive drug or alcohol test results, or other minor violations of probation terms that do not involve criminal activity.
Protect Your Rights: Consult with a Criminal Defense Attorney
If you’re on probation and facing a probation violation hearing, you might be facing a stint in jail. You need counsel with experience in probation violations, which means you should call the criminal attorneys of Scott Kent. They have extensive criminal law experience, including time as felony prosecutors, giving them inside knowledge of the system. They will represent you aggressively and are committed to delivering the best possible result.
Contact Scott Kent for a Probation Violation Consultation
For a consultation in DuPage, Kane, or Cook County, contact Scott Kent 24 hours a day at (630) 474-8000. They can provide you with the legal representation you need to protect your rights and help you get the best possible result in your situation.