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 discussed the fact that probation is not automatic and the decision is left to the discretion of the Court. The Judge considers a variety of factors to determine whether serving probation is appropriate. In this article, I will address what it means to serve probation for a felony offense and how to protect yourself while being closely supervised. Probation comes with strict requirements and significant consequences for violations. Some individuals may not realize how easy it is to end up back in Court for a simple mistake. If you or a loved one is in need of assistance then contact my office to speak with a Peoria criminal defense attorney.
Illinois defendants must meet all requirements of their probation or face revocation
Probation is given in lieu of a prison sentence. It allows the Court to monitor the defendant in the community while placing conditions on them. These conditions may include:
- regular meetings with a probation officer
- drug testing
- community service
- payment of fines or restitution.
A Judge may also require that the defendant hold a job, attend school, or complete counseling or classes. Failing to follow any of these rules can have serious consequences.
The Court may start a revocation proceeding if a person violates the terms of probation. This means the Judge will review the case and decide if the defendant should now service the original sentence. For example, a violation could result in serving prison time if a person was sentenced to four years in prison but allowed to carry out the sentence on probation.
However, a revocation proceeding does not always lead to prison. Judges have the power to extend probation or add new conditions instead of revoking it. For example, the Court may require additional drug treatment, more frequent check-ins, or more community service. The outcome depends on the nature of the violation and the defendant’s overall behavior. A Judge is more likely to be sympathetic to minor mistakes such as forgetting to check in with a probation officer rather than something serious like committing a new crime.
Peoria defendants must avoid picking up new criminal charges while on probation
One of the most serious probation violations is getting arrested for a new crime. A new arrest will almost always lead to a revocation hearing for the original case. The Court may or may not wait to see if the new charges result in a conviction. The arrest itself is often enough to trigger Court action, especially if the accused individual has violated other aspects of their supervision. It is critical that those serving probation avoid getting in legal trouble.
The defendant will also face prosecution for the new crime in addition to the possibility of revocation of probation. This means they could end up with two criminal cases at the same time. One is the revocation for the original case and the other is a new case with its own possible sentence.
Reach out to a lawyer right away if you are charged with a felony or are facing revocation of probation. A skilled attorney can explain the requirements of probation and help you stay on track. I am a former prosecutor who now represents those who are accused of crimes in Illinois. Contact my office today to speak with a Peoria criminal defense attorney. 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.