This is the next article in my series on the handling of Class 2 felony charges in our area. My last article addressed the question of “what is a Class 2 Illinois felony?” I provided examples of conduct which may fall within this class of offense and I explained that a defendant may face additional counts as well. Retaining an attorney is an important step for those who face such charges. In this article I will address the issue of whether a defendant can receive probation for a conviction. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Class 2 Illinois felonies are generally probationable
First-offense Class 2 Illinois felonies will generally be eligible for a sentence of probation. The longest term of probation which a Judge may impose, under the law, is four years. When the Court imposes probation then the defendant will be sentenced for the offense. This sentence, however, will be suspended with the individual being under the supervision of a probation officer. Probation will include several conditions. These typically include the requirement that the individual commit no further crimes, that they check in with their officer, that they remain drug-free, and more. If the conditions of probation are violated then the probation officer can request that the term of supervision be revoked. If the Judge chooses to revoke the defendant’s probation then the individual will be required to serve the originally imposed sentence.
Many individuals are surprised to learn that, while on probation, they do not enjoy the same rights as other members of society. As an example, a probation officer can perform a “surprise inspection” of a defendant’s residence at any time. The officer does not need a search warrant or probable cause to conduct such an inspection. Also, other rights to privacy do not exist for one who is under supervision. These are just a few examples of hurdles which one must navigate while under supervision.
Illinois judges are not required to grant a defendant probation
A defendant should understand that the Judge is not required to grant probation even though they are eligible to receive it. Whether or not to grant probation is within the discretion of the Court. When deciding whether to grant probation, the Judge will consider factors such as the nature of the offense, whether the accused individual took responsibility for their actions, whether there is a prior criminal record, and more. Denials of probation are extremely difficult to overturn on appeal. This makes the possibility of a prison sentence high in any case involving a Class 2 felony. It is, therefore, important that you have an experienced attorney assisting you during the sentencing phase of your case.
If you are charged with a felony offense then contact my office today to speak with a Peoria criminal defense lawyer. I am experienced in the handling of such matters and will ensure that your rights are protected throughout the process. My firm believes that everyone is entitled to both effective representation and respect. Contact us online or by telephone to schedule your initial consultation. 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.