This is the next article in my discussion on dealing with probation violation cases in our area of Illinois. My last article provided an overview of topics which this series will be addressing. It also discussed the importance of retaining an attorney if you or a loved one are accused of violating the terms of supervision. It is important to speak with counsel as soon as possible so that they may immediately begin the process of attempting to gain a reinstatement. In this article, I will be discussing the rights of defendants who are on probation as a general matter. If you are in need of assistance then contact my office today to speak with a Peoria criminal defense lawyer.
Illinois residents have reduced rights when serving a term of probation
It is generally understood that individuals must not commit new crimes while on probation. What is less commonly understood, however, is that one’s rights are greatly reduced when they are under the supervision of a PO. While law enforcement typically cannot detain and search a person without probable cause of criminal activity, probationers generally must submit to a search at any time that their PO demands it. Additionally, a probation officer may search one’s residence at any time and may typically also order drug testing on a random basis. Finally, a probationer must always keep their PO apprised of their current address and will likely need permission to leave the state of Illinois.
The foregoing concepts mean that evidence may be discovered by a PO, and used to initiate revocation proceedings, even though it would be inadmissible in an initial criminal matter. Consider the following example. Joe Defendant was sentenced to two years of incarceration for a Class 3 felony conviction. They are granted a term of probation in lieu of serving this sentence. As part of their supervision, they must inform the PO if they move residences. Joe misses three consecutive weekly check-ins. The PO visits Joe’s residence and enters without first having obtained any type of search warrant (as he is not required to do so). He searches the entire house and finds a gun. Joe is taken into custody. In addition to being charged with being a felon in possession of a firearm, Joe will also face a revocation proceeding. If an officer had simply entered one’s home in this matter, without a search warrant, then the gun likely would have been excluded from evidence. The fact that Joe was on probation, however, will mean that no warrant was required.
The reduced constitutional rights of probationers go beyond interactions with their probation officer. If one is stopped by Illinois state, or local, police then they will likely be required to comply with any requests. This includes requests for searches as well as the answering of questions. Understanding this fact is critical to anyone on probation.
Contact a Peoria probation revocation lawyer immediately
Many probation violations occur when a defendant commits a new crime. Many others, however, occur due to the types of violations described above. Unfortunately, many make the mistake of thinking that they have no options once the PO has decided to initiate revocation proceedings. A criminal defense attorney may be able to assist with gaining reinstatement to supervision, reaching a more favorable resolution if a revocation does occur, or outright defending against the revocation request. Contacting counsel as soon as possible can be a crucial step towards ensuring that one’s rights are protected.
If you or a loved one are in need of assistance then contact our office online or by telephone today to speak with a Peoria probation revocation lawyer. I understand the urgent nature of such situations and my office will give your matter the attention it deserves. I believe that everyone is entitled to effective representation and respect. We look forward to speaking with you.
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.