This is the next article in my series on the handling of probation violations in our area of Illinois. My last article discussed the fact that individuals have fewer rights while on probation. It is important to understand that evidence which may be inadmissible in a criminal case may often be used to revoke a term of supervision. An experienced attorney can assist a probationer with understanding what rights they do and do not have. In this article I will be explaining what one may expect at a revocation hearing. If you or a family member need assistance then contact my office today to speak with a Peoria criminal defense lawyer.
Probation revocation proceedings are typically initiated in one of two ways. Many matters stem from a probationer picking up a new criminal charge. In addition to facing the new charges, the PO will file a request with the Court and through the prosecutors to hold a revocation hearing. Another way in which such matters arise involves situations in which the individual violates some other term of their supervision without having actually committed a new crime. Examples of such violations can include a failed drug test, failing to check in with the PO, moving to a new address without informing the PO, etc. When this occurs, the PO may also file a Notice of Violation and request revocation proceedings through the prosecutor.
A defendant will be taken back into custody as part of a PO initiating revocation. The Court will schedule a hearing at which the PO will testify and, if the matter involves a new criminal charge, the arresting officers may testify as well. The defendant may testify and they may also call character witnesses on their behalf. If the matter goes to hearing then the matter will, an overwhelming majority of the time, end in the Court granting the revocation request. If this happens then the individual will have to serve the sentence which was issued at the time of their conviction, minus time already served. It should be noted, however, that there are instances in which the Court will deny the request for revocation if the Judge believes that the public interest is better served by the individual being given another chance. An example of this may be a case which involves a very minor infraction and the defendant is the sole caretaker of others. Whether or not the Court will grant a defendant a second chance is always going to depend on the specifics of the case.
Many probation violations reach a resolution prior to the Court holding the type of hearing described above. Such a resolution typically takes one of two forms. First, the prosecution and the PO may agree to reinstate the defendant with additional restrictions put in place. In other words, the defendant may be reinstated but the terms of their probation will be more strict than they were previously. A subsequent violation would then almost certainly result in incarceration. Second, the prosecution may agree to reducing the prison sentence in exchange for the individual agreeing to the revocation. Depending on the facts of the case, these types of resolutions may result in a better outcome than what the defendant would have obtained had they taken the matter to a hearing.
If you are accused of not meeting the terms of your supervision then contact my office today to speak with a Peoria probation violation lawyer. I am a former prosecutor and am familiar with the workings of our local court system. I am also a strong believer that all individuals are entitled to a vigorous defense. I, therefore, pride myself on providing a high level of representation. 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.