This is the next post in my series on retaining a probation violation lawyer in Peoria, Illinois. My last article provided an overview of topics which the series will be addressing. It also discussed the need to contact an attorney as soon as possible if you or a loved one have been accused of violating your supervision. By contacting counsel sooner, rather than later, you give your representative an opportunity to negotiate a reinstatement on your behalf and to build a case that your supervision should not be revoked. In this article I will discuss an important topic which sometimes leads to confusion – the reasons for which one’s probation may be revoked. If you or a family member are in need of assistance then contact my office today to schedule a consultation.
Peoria, Illinois residents may face the violation of probation even if they do not face new charges
A common cause of Illinois probation revocation proceedings is the bringing of new charges against a probationer. For obvious reasons, the commission of a new crime is typically seen as a violation of one’s supervision. The truth of the matter, however, is that picking up new charges is not the only way in which one can violate their supervision. When an individual is placed on probation they are given several requirements which they must follow. These include checking in with a probation officer on a regular basis, keeping the officer up to date as to their current address and employment status, the regular passing of drug tests, etc. Failing to meet these requirements can result in a probationer facing revocation proceedings. Whether or not these types of violations lead to revocation proceedings will be within the discretion of the probation officer.
If a probationer is failing to meet the terms of their supervision then the supervising officer has the discretion to file a violation report with both the court and the prosecutor’s office. The Court will then hold a hearing to determine whether or not the violations justify revoking the supervision and imposing the original sentence. Typically, a probation officer will not file a violation report the first time an individual commits a minor infraction. If, for example, a probationer has performed well under supervision for many months, and forgets to check in for one week, then the supervisor may very well give them another chance. If, however, a probationer has not established a good track record of following the terms of supervision, and has regularly failed to meet their requirements, then more minor violations may very well result in revocation proceedings. Is important to understand that how an officer will proceed in any situation is always going to depend on the specific facts of the case. If you or a loved one are accused of violating supervision then it is important that you contact an attorney immediately.
Picking up a new criminal charge does not necessarily mean that a Peoria resident will be found to have violated their probation
If a Peoria probationer picks up a new charge then they will not necessarily be found in violation of their probation. This is due to the fact that, under the United States Constitution, an individual has a presumption of innocence. If one has been a model of excellence while under supervision, and they claim that they are not guilty of the new charges, then many judges will wait until the new case is resolved before deciding whether or not to move forward with revocation proceedings. If an individual is acquitted of the new charges then the court may very well find that the probation was not violated and that there is no need to modify the supervision. If, on the other hand, the individual is convicted of the new charges then the Court will likely impose the original sentence and may, or may not, require that it run consecutively to the new charges. Again, the outcome of any given case will always depend on the specific facts of the situation.
If you or a loved one have been arrested then contact my office today to speak with a Peoria probation violation lawyer. I am a former prosecutor who devotes his practice to the handling of criminal cases and I understand that this is a serious time in your life. My office is built on the belief that everyone is entitled to aggressive representation at the highest level of respect. We will give your case the attention it deserves. Contact us today to schedule an appointment. 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.