This post is being written to conclude my series of articles which have addressed whether a person convicted of a felony in Illinois may receive probation. I considered this to be an important topic to write about because probation is an alternative to incarceration that is attractive to individuals facing felony criminal charges. The goal of this blog series was to provide information to help people better understand their situation and options. Individuals facing the reality of criminal charges can benefit from understanding how sentencing works, whether probation is possible, and how a lawyer can help. Another goal of this series was to offer guidance about selecting an experienced attorney. If you or a loved one has been charged with a felony then contact my office to speak with a Peoria criminal defense lawyer.
I have addressed several important topics throughout the course of this series. Issues which I have analyzed include the following:
- Understanding whether a defendant is eligible for probation
- Defendants must understand the fact that sentencing is within the discretion of the judge
- What it means to serve probation
- The importance of having a qualified attorney during sentencing
I have chosen to address these particular topics for a variety of reasons. First, eligibility for probation depends on a number of factors such as the classification of the offense, criminal history, and whether the charge is considered probationable. Second, eligibility for probation is not a guarantee that the Judge will grant it. Sentencing in felony cases is ultimately left to the discretion of the Judge. The Court considers factors such as the nature of the offense, harm to victims, the defendant’s remorse or rehabilitation efforts, and recommendations. Third, many individuals facing charges are unaware about what probation involves. Defendants must follow strict rules and requirements outlined in the terms. Requirements could involve regular check-ins with a probation officer, drug testing, employment or school requirements, community service, and more. A violation can result in a probation revocation and prison time. Finally, an experienced attorney can greatly impact whether an individual is granted probation or not. A lawyer can identify mitigating evidence, negotiate with the prosecutor, and advocate for a reduced sentence.
A consistent theme I have stressed throughout this series of articles is that it is important to retain the services of an experienced criminal defense lawyer as soon as possible. Retaining legal counsel quickly means there is more time to gather evidence, negotiate, and develop compelling arguments for the case. I am a former prosecutor and believe that each person deserves a fair trial and aggressive legal representation. If you or someone you love has been charged with a felony offense then contact my office today to schedule an 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.