This is the next post in a series of articles discussing early termination of probation in Peoria, Illinois. The previous article examined Illinois law on the subject of reduced probationary terms. Strict compliance with the conditions of one’s probation coupled with evidence of one’s positive contributions to society are essential factors in a court’s analysis. Depending upon the facts of one’s specific case, a judge may determine that such matters justify a reduced probation term. Because this is a discretionary standard, it is imperative to present evidence adequate to convince the judge that termination is warranted. An experienced criminal attorney can help present the evidence effectively. In this article, I will review the process of seeking early termination of probation. If you need assistance, contact my office today to speak with a lawyer.
The first step in the process of seeking early termination of probation is to realistically evaluate your chances of successfully convincing a judge that you are deserving of early release. Your attorney will review the facts of your case to help determine whether it is worthwhile to present your case in court. Not everyone will be eligible to petition the court for early termination. Offenders sentenced for certain violent crimes, such as domestic violence, sexual assault, or stalking, will not be eligible for early termination. Counsel will also review whether, at a minimum, you have complied with all of the conditions of your probation for at least half of the originally scheduled probationary period. For example, whether you have attended all court ordered meetings with your probation officer, paid all restitution in a timely manner, maintained employment, etc. during the term. Educational records showing that you have obtained a high school degree or equivalent, associate’s or bachelor’s degree during the term may entitle you to a reduction as well. In addition, information about the underlying criminal activity, your criminal history, reports about your behavior and cooperation from the probation officer may be factored into the court’s analysis. If determined that you may qualify for early termination, your lawyer will assist you in gathering objective evidence to submit to the court in support of your request.
A request for a modified probation term may be made by the offender, the offender’s probation officer or supervising agency or the court itself. If you are making the request, your attorney will file a Motion for Early Termination of Probation with the court on your behalf. A hearing will be scheduled to review your case. At the hearing, your lawyer will present evidence to the judge describing the relevant supporting facts justifying your request. At the conclusion, the judge may modify your probation by reducing the term or deny the motion without changing the originally ordered time period. It is important to note that the outcome of each case will depend upon the specific facts of the offender’s situation.
An experienced Peoria criminal defense attorney can help review your case and evaluate your options. If you need assistance, contact my office today to speak with a lawyer. My office also represents clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.