This is my next article in a series which will address whether a person convicted of a felony in Illinois may receive probation. My last post provided an overview of the various topics this series will cover. This is an important topic to write about as felony charges are serious and can carry significant penalties such as fines and prison time. Probation is possible in some circumstances. In this article, I will discuss the reality that probation is not automatic nor is it a guarantee. Whether an individual can get probation for a felony depends on several factors such as the nature of the offense, whether the defendant is remorseful, the person’s prior criminal record, and more. I will also highlight the importance of retaining a qualified attorney to help ensure the defendant has the best chance for a positive outcome. If you or a loved one has been charged with a felony and want to get probation then contact my office to speak with a Peoria criminal defense lawyer today.
Not all Illinois felony offenses can result in probation
Some felony offenses in Illinois carry mandatory prison time and do not allow for a sentence of probation. Many violent crimes or crimes involving weapons are specifically excluded from probation eligibility under Illinois law. For example, certain aggravated batteries, armed robberies, and some drug trafficking charges would not allow for probation. Probation is a possibility though, even for some Class 3, 4, and even level 2 felonies. A first-time offender may have a better chance of receiving probation. A person facing a second or subsequent felony charge may be barred from probation even if the charge itself would otherwise allow it. Eligibility for probation, therefore, depends on both the offense and the defendant’s criminal history.
A Judge is not required to impose probation, even when a defendant is eligible to receive it under Illinois law. Sentencing decisions fall within the discretion of the Judge. The Court will consider multiple factors in deciding whether probation is appropriate. These factors include the nature and seriousness of the offense, whether the defendant showed genuine remorse, whether the defendant has a history of criminal conduct, and whether there are signs that the defendant is attempting to change their life for the better. The Judge may also weigh the defendant’s family obligations, work history, and community ties.
Consider a defendant who is charged with felony battery. This offense is one for which probation is legally possible. However, the defendant has a history of prior arrests, did not complete high school, is unemployed, and has made no effort to accept responsibility or engage in rehabilitation. During court proceedings, he shows no remorse and openly blames the victim. The statute may allow probation, but the Judge does not see any indication that the defendant will take probation seriously or benefit from it. The Court may choose to impose prison time despite the technical eligibility. This example demonstrates that eligibility for probation does not guarantee it will be granted.
An experienced attorney will help a defendant to make the best case to the judge
An experienced criminal defense attorney plays a critical role in helping a defendant argue for probation. A qualified lawyer gathers and presents evidence that shows the defendant’s ties to the community, employment or educational background, family responsibilities, and willingness to accept responsibility. They offer advice regarding what the defendant can do to improve their chances. For example, writing an apology letter, entering counseling or rehabilitation programs, or searching for school or work programs. An attorney may also work with the prosecutor to negotiate a plea deal that includes probation.
If you or a loved one is facing a felony charge in Illinois and are hopeful about receiving probation then it is important to contact a criminal defense attorney as soon as possible. I am a Peoria criminal defense lawyer and a former prosecutor who focuses on representing individuals who are accused of crimes. Reach out to my office today to schedule an initial appointment. 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.