This article continues my discussion on probation violation cases in the state of Illinois. My last article discussed gaining reinstatement to probation after a violation. Reinstatement occurs through either an agreement with the prosecution or a ruling from the Court. An experienced attorney will give you an honest assessment as to whether such an outcome is possible in your case. In this article, I will be discussing the fact that some cases end in a negotiated revocation. In many situations, this may be the best possible outcome for a defendant. If you are in need of assistance then contact my office today to speak with a Peoria lawyer.
It is common for probation violation cases to end with an arrangement by which the prosecution agrees to a reduced sentence and the probationer agrees to not dispute the revocation. These types of arrangements are common in cases where the defendant has picked up a new criminal charge or when the situation is most likely to lead to the Court granting the revocation outright. There are two reasons why the prosecution would likely agree to such an arrangement. First, these types of arrangements can save substantial resources for the state. In addition to holding a hearing, the prosecutor would potentially have to subpoena witnesses and other parties to the hearing. Moreover, if every defendant insisted on holding their revocation hearing then the system would be almost hopelessly bogged down. Second, if the prosecution believes that there is a level of weakness in their case for revocation then they may agree to such a resolution.
It can be advantageous to many defendants to agree to the type of arrangement described above. As I discussed previously in this series of articles, a defendant is issued a sentence at the time that they are put on probation. Being given the opportunity to serve a term of probation means that they are given the chance to meet the terms of supervision in lieu of that sentence. If one violates their supervision, however, then the sentence must be served. In other words, a probationer already has a prison sentence hanging over their head. There is no question as to what will happen if the Court revokes their supervision. This means, for example, that if one knows that revocation will result in a five-year prison term, then agreeing to a two-year reduced sentence may be in their best interest.
Whether or not to accept an agreed upon revocation is a serious decision for obvious reasons. This is not a decision to be taken lightly. Discussing the matter, at length with an attorney can be crucial. Counsel will give you an honest assessment of your various options and what they believe is the best path forward. As a former prosecutor, I am familiar with how the Court often addresses such matters. I believe that everyone is entitled to quality representation and I will analyze all aspects of your case to ensure that I am advising you on what I believe to be the best option. If you need assistance then contact my office online or by telephone to speak with a Peoria probation violation lawyer. 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.