This article continues my discussion on handling probation violation matters in our area of Illinois. My last article discussed negotiating a probation revocation in exchange for a reduced sentence. While accepting a prison sentence is, for obvious reasons, less preferable than gaining reinstatement, the fact of the matter is that there are some instances in which it is an individual’s best option. A defense attorney is responsible for giving their client an honest assessment as to whether accepting such an arrangement is in their best interest. In this article, I will be discussing the importance of retaining counsel for assisting with a revocation. If you are in need of assistance, then contact my office today to speak with a lawyer.
Many individuals make the mistake of thinking that they have no options once they have either picked up a new case or their PO is otherwise seeking to revoke probation. The truth of the matter, however, is that one can often attempt to argue for reinstatement or, again, negotiate a more favorable resolution. It must be remembered that the decision as to whether or not probation will be revoked is up to the Judge – it is not up to the PO or the prosecuting attorney. A judge may be willing to grant reinstatement if they believe that doing so is in the public interest. Also, having counsel who is prepared to argue for reinstatement can be a step towards gaining a more favorable offer. The strategy counsel will suggest in any given matter will depend on the facts of the situation.
There are several steps which an attorney can take to build a case in favor of reinstatement. Consider the example of Jack, who is on probation for drug-related offenses in which no individuals were harmed. Jack is the sole support for his two-year old daughter and has held a job for the last six months. The PO is seeking revocation due to Jack’s failing a drug test and also failing to check in. Jack’s attorney subpoenas Jack’s boss, and the daycare worker who cares for his child, as witnesses. These individuals testify that Jack is a reliable employee and diligent in ensuring that his child shows up for daycare clean, prepared, and that she is always picked up on time. Other testimony shows that, should Jack go to prison, that his child would likely have to live with unstable relatives. Based on these facts, the Court may be willing to grant Jack a reinstatement to probation. Additional requirements would likely be imposed. Again, however, each case will be fact specific.
Many arguments for reinstatement are not as strong as the ones in the hypothetical above. An experienced attorney, however, will analyze the facts of the case and determine what evidence is necessary to make the best possible arguments. This analysis will include interviewing potential witnesses and taking other steps to ensure that all positive information available is presented to the Court. Counsel will also be aware of what types of arguments the Court may or may not be receptive to. These are just a few reasons why having experienced representation can be vital in such cases.
If you or a loved one are accused of violating the terms of supervision, then contact my office today to speak with a Peoria probation violation lawyer. I am a former prosecutor who is familiar with the workings of our local Court systems. I strongly believe that everyone is entitled to both a second chance and respect. I pride myself on providing the best possible service to my clients and I look forward to speaking with you.
We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.