This is the second post in my series on dealing with probation revocation hearings in Peoria, Illinois. My last article provided an overview of topics which this series will be addressing and stressed the need to contact a criminal defense attorney if you or a loved one are facing the termination of supervision. Retaining experienced counsel will help to ensure that your matter is handled appropriately. In this discussion I will explain the types of situations which may result in a revocation hearing. Again, it is crucial that you contact a lawyer immediately.
One does not have to commit a new crime in order to face revocation proceedings. When one is on probation then they are required to follow all laws along with any additional requirements that the Court may place upon them. These requirements often include checking in with a probation officer, paying fines, regular drug testing, and more. If one fails to follow these requirements then the supervising officer may file a report with the Court requesting that the defendant’s probation be revoked. Whether or not to file such a report is at the discretion of the supervisor. If a defendant regularly fails to check in, fails drug tests, and engages in other such behavior then the supervisor, for obvious reasons, will be more likely to file a revocation report with the Court. Do not make the mistake of thinking that your supervision can only be revoked if you pick up a new charge; such is not the case.
It goes without saying that picking up a new charge will likely lead to a revocation proceeding. It is important to understand that when a Court grants probation they are doing so as a way of giving the accused a “second chance.” If the defendant then commits a crime and returns to Court, asking for another opportunity for probation, then they are essentially asking for a third chance. Courts have little patience for those who do not make the most of the opportunity that probation provides. While it may be possible to have probation reinstated, by showing that the accused is truly not guilty of the second offense, it is important to understand that picking up a new case will typically lead to revocation.
I am a Peoria criminal defense attorney and a former prosecutor. I have extensive experience in handling revocation matters and am familiar with the process. I will use an initial consultation to help defendants better understand their options, what the strategy should be going forward, and to put a plan in place. I strongly believe that everyone is entitled to a firm defense and I am ready to offer assistance. Contact my office today. I also service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.