This is the next post in my series on retaining a probation violation lawyer in Peoria, Illinois. My last article discussed the reasons for which a court may find that one violated their probation. It is important to understand that a defendant does not necessarily have to pick up a new charge in order for a judge to rule that their supervision has been violated. Likewise, receiving a new criminal charge does not necessarily mean that the defendant will face revocation proceedings. Whether or not an accused individual faces revocation will depend on the specific facts of the case. It is important that you retain a criminal defense attorney with experience in such matters in order to ensure that your rights are protected. In this article I will discuss the process which a defendant faces when they are accused of violating their supervision. If you are in need of assistance and contact my office today speak with a lawyer.
A defendant will typically be in custody when probation violation proceedings begin. This can happen in one of two ways. First, if a defendant picks up a new charge, then they will be in custody at the time that their supervising officer files a violation report with the Court and the prosecutor. Second, if a defendant has violated other terms of their supervision, such as failing to check in, then the supervisor may take them into custody before filing a violation report with the Court. The Court will then hold an initial hearing to set a date at which a revocation proceeding will be held. At this initial hearing, the prosecution and the defense may be able to reach an agreement which modifies the terms of the supervision and places the individual back on probation. It also may be possible to reach an agreement where the probation is revoked but the defendant serves a lesser sentence than they would otherwise. If an agreement cannot be reached at this initial hearing then the matter will need to proceed to the revocation hearing.
The probationer’s supervising officer will testify at a revocation proceeding. They will state the reasons for which they are requesting that the supervision be revoked and will provide evidence supporting their request. If the probationer was arrested for a new charge, then the arresting officer will likely testify as well. The probationer will be given the opportunity to present evidence which shows that the public interest would not be served by revocation. Such evidence can include proof that the probationer has held steady employment, is not a danger to society, and that placing them in prison would reduce their ability to pay restitution to any previous victims. These are just some of the issues which a probationer may raise in their defense. Once the probationer has presented their case then the Court will reach a decision on revocation. While the Court will typically side with the prosecutor and supervising officer in such matters, it is important to understand that judges can be receptive to arguments that one’s supervision should not be revoked. By retaining an attorney who is experienced in handling such matters you increase the chances of making the best possible case to the Court.
If you or a loved one are accused of violating probation, then it is important that you retain a Peoria criminal defense lawyer immediately. I am a former prosecutor who is experienced in the handling of such matters and I will give your case the attention it deserves. We pride ourselves on providing aggressive representation and we look forward to being of assistance. Contact us today to schedule an initial consultation. I also serve the Illinois counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.