This article continues my discussion on Illinois probation revocation cases. My last article went over what to expect at a probation revocation hearing. It is important to understand, however, that most matters do not actually reach the point of having a hearing. It is common for the defense to be able to negotiate either a reinstatement or an agreed upon revocation which would include a reduced sentence. A criminal defense attorney can assist you with determining the best path forward. In this article, I will be expanding on the possibility of gaining reinstatement after a Notice of Violation has been filed with the Court. If you are in need of help then contact my office today to speak with a Peoria lawyer.
As explained in my previous articles, a probation officer may initiate revocation proceedings for a number of reasons. These can include failing a drug test, failing to check in with the PO, and more. The PO will either take the defendant into custody or issue a warrant for their arrest. Once the individual is in custody then the Court will schedule a revocation hearing. A defendant can gain reinstatement, meaning that they can remain on probation, in one of two ways. The first and most common is to negotiate a reinstatement with the prosecution. The second is to defend the matter at the hearing. I will discuss each of these options in turn.
It is common for probation violations to result in the defense reaching an agreement with the PO and prosecutor in which the probationer is given another chance at supervision. Such an agreement typically includes the probationer being given stricter terms which they must follow. These may, for example, include more stringent and frequent check-in requirements, a longer term to complete before probation ends, more rigid work requirements, and more. Such agreements are typically only reached in situations which do not involve the defendant having picked up a new criminal charge. Also, and it almost goes without saying, it should be noted that the prosecution and prosecutor will often not enter into such an agreement unless they believe the defendant can succeed. In other words, such offers are typically not extended to those who have been highly problematic probationers. If one is placed back on supervision, and subsequently violates the terms, then they can almost certainly expect that the PO and prosecutor will seek prison time at a revocation proceeding.
The second way in which probation may be reinstated is for the Court to find that the defendant should receive another chance. The Court will only overrule a request to revoke probation if it believes that reinstatement better serves the public interest. While gaining reinstatement in this way is rare, it does happen. Such instances typically involve a relatively minor infraction from someone who has otherwise been a model probationer. There is also often a compelling reason for the individual to remain a member of the public at large. Examples of such reasons may include a probationer who is the sole caretaker of an elderly relative or the sole parent of a child. Other examples may include one who is actively paying restitution to their original victim, but will be unable to do so if they are sent to prison (meaning the victim will not be repaid). The Court must also believe that the chances of additional violations are low. Whether or not the Court may directly grant such a request for reinstatement is a subject which one should discuss with an attorney.
If assistance is needed then contact my office today to speak with a Peoria probation revocation lawyer. I am a former prosecutor who has founded his practice on the belief that everyone is entitled to a second chance and respect. I understand the lifelong implications of such cases and my office works to provide the highest level of representation. I look forward to speaking with you and being of assistance.
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.