This is the next post in my series on whether Peoria, Illinois defendants can face felony charges for stalking. My last article addressed what conduct can lead to increased or additional charges in stalking cases as well as the penalties defendants might face. I discussed the importance of securing legal counsel immediately after being charged and taking counsel’s advice to avoid all contact with the alleged victim. In this article, I will be addressing what to expect while serving probation and the issues one could run into with additional violations and/or prison sentences. Contact my office for an initial consultation if you or a family member need to speak with a criminal defense lawyer.
Peoria residents must meet all the requirements of probation or they risk serving a prison sentence
Probation is a court-ordered legal consequence that allows a defendant to carry out a sentence outside of prison. The Court sets strict conditions that must be complied with. Most people would prefer probation to incarceration, but probation still comes with significant restrictions. For example, a person on probation may be required to regularly check in with a supervising officer, attend a counseling program, and refrain from contacting the victim. The Court could also reduce the rights of a person on probation by ordering them to complete community service or use electronic monitoring.
One common misconception regarding probation is that a person must commit a new crime for a violation to occur. This is not true. Violating any term of probation puts an individual at risk of serving a prison sentence. A violation could occur for something like missing a required check-in with the probation officer or something more serious like contacting the victim when a No Contact Order is in place. Many defendants are surprised to learn that they can be found in violation of their supervision without having committed another offense.
Consider the following example. Joe gets convicted of stalking his ex-girlfriend. He is sentenced to probation instead of jail time. His probation comes with conditions that must be followed. Joe must keep his probation officer updated on any changes to his address, participate in a counseling program, and either be working, in school, or actively looking for work. Joe complies with all requirements for the first few months. But he later moves to a new apartment and fails to notify his probation officer. His probation officer discovers this when he cannot reach him at his previous residence. Joe has failed to comply with the terms of his probation by failing to update the officer of his address. The probation officer files a violation report with the Court. Joe could face penalties due to the violation such as additional probation conditions or even jail time.
Illinois defendants should stay in contact with their attorney while on probation
In Illinois, someone convicted of stalking could be granted probation in lieu of prison time. An individual on probation serves their sentence under court-ordered supervision in the community. Defendants should maintain frequent communication with their attorney throughout the probation period to make sure all requirements are being met. Supervision may be a less severe sentence than prison time, but it should not be taken lightly. An attorney could help someone on probation by explaining conditions and restrictions to ensure no violations are made unintentionally. Legal advocacy does not end when the term of supervision begins. Rather, lawyers can advocate for modifications to the probation conditions or represent the defendant at violation hearings if the need arises.
Having an experienced attorney could help a defendant navigate the process of probation correctly, especially for someone who has not experienced it before. Thorough communication and understanding is key when a person’s freedom is on the line. Contact my office online or by telephone today to speak with a Peoria criminal defense lawyer. I 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.