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elgin probation violation lawyerIn general, a probation sentence is considered one of the more desirable sentences after a criminal conviction. Probation is an alternative to jail time when you have been convicted of a crime. Sometimes, a judge may sentence a person to probation if the crime they were convicted of was not serious or if the person does not pose a risk to society. When you are on probation, there are likely going to be various requirements you must meet, as well as certain things that you will not be permitted to do. If you violate any of the terms of your probation, you could end up in more trouble than you originally were.

Attending Your Probation Hearing

If your probation officer notifies the probation board that you have allegedly violated the terms of your probation, the board will likely request your presence at a hearing to determine what will be done about the situation. If the court finds that you have violated the terms of your probation, there are three things that could happen: the court could decide to maintain the terms of your probation, allow you to continue with probation with modified terms, or the court could revoke your probation and enter any other sentence available for your original crime.

Terms of Probation

The terms of probation vary from case to case. Your exact terms of probation will depend on the nature of the offense and the circumstances surrounding it. Some of the most common terms of probation in Illinois are:

  • Reporting to your probation officer on a regular basis

  • Performing community service

  • Performing periodic drug and/or alcohol testing

  • Attending treatment for mental health issues

  • Attending treatment for drug and/or alcohol addiction

  • Paying restitution for your crime

  • Not owning or possessing any firearms

  • Not leaving the state of Illinois

  • Maintaining stable and lawful employment

  • Adhering to the terms of a protective order

  • Following all laws

Contact an Elgin, IL Probation Violation Defense Attorney Today

Sometimes, it can be very easy to break the terms of your probation. However, if you have been requested at a hearing for an alleged violation of the terms of your probation, you should speak with a Kane County probation violation defense lawyer as soon as possible. At the Law Office of Brian J. Mirandola, we can represent you during any hearings or proceedings that you may be facing regarding any criminal offense. To schedule a free consultation to discuss your situation, call our office today at 847-488-0889.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-4

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3

 

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probation violation in Illinois, Kane County criminal defense lawyerWhen a defendant is charged with a probation violation, it means he or she has failed to meet some requirement or condition of a criminal sentence already imposed upon them. The state can bring a Petition to Revoke Probation in order to have the offender’s probation officially revoked by the court and have the offender incarcerated as a result of the violation. These charges are especially serious since they inherently involve the commission of an earlier crime for which the defendant was either found guilty or pleaded guilty and sentenced.

What to Expect Upon Violation of Probation

If the prosecutor files a Petition to Revoke Probation, the offender has a right to deny the charges and have a hearing, at which the court will hear evidence tending to prove a violation occurred. A violation can result from any number of acts, including commission of a new crime, failure to report to a probation officer, and testing positive for drugs or alcohol when they have been expressly prohibited. The offender is entitled to be represented by legal counsel at the hearing on the state’s motion, in addition to having legal representation at the sentencing phase if the court finds they are, in fact, in violation of the terms and conditions of their probation or supervisory portion of their sentence.

The consequences for violating probation vary greatly depending on a number of factors, including, but not limited to, the offender’s prior criminal history, the severity of the violation, any prior history of violations while serving the current sentence, and other relevant circumstances that may have been at play surrounding the violation. A sentence imposed as a result of a probation violation could include incarceration, an extended period of supervision, and imposition of fines, among other potential consequences.

Criminal Defense Attorney

If you or someone you know is facing a probation violation, it is best to contact an experienced criminal defense attorney who can listen to the facts of your case and advise you of your rights and expectations in light of your particular circumstances. A knowledgeable defense attorney will not only be able to advise clients about their legal rights in connection with a probation violation, but can also let them know with more specificity what consequences they may be facing as a result of their violation in light of their personal and criminal history.

Kane County criminal attorney Brian J. Mirandola has experience representing clients who are charged with probation violations. Call 847-488-0889 to schedule a free consultation to discuss your case. The Law Office of Brian J. Mirandola is located in Elgin, Illinois.

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