What Happens if I Violate My Illinois Probation?

 Posted on January 31, 2022 in Criminal Law

When you have been convicted of or pled guilty to a crime, getting probation instead of jail time can feel like a dream come true. Reporting to a probation officer and following a set of rules is highly preferable to incarceration for most people. However, the rules of probation can be difficult to abide by. There are nearly endless ways for a probationer to end up violating these terms without necessarily meaning to. Those who are in addiction recovery are often at a higher risk for probation violations should they happen to relapse. 

Probation can be a very strict and unforgiving program, and the consequences of a violation can be serious. Jail time is often back on the table. If you learn that you are being accused of a probation violation, you have the right to be represented by your attorney at the hearing. It is important that you exercise this right to give you the best chance of avoiding further, deeper legal troubles. 

What Should I Expect at a Probation Violation Hearing?

When your probation officer thinks that you are in violation, they will file a Petition to Revoke Probation and you will receive a notice to attend a hearing–if you are not already in custody. First, you have to show up for the hearing. If you do not, the judge will issue a bench warrant and you will be arrested. 

At the hearing, it is the state’s responsibility to prove that you violated probation. You and your attorney will be able to present a defense. It is important to note that the standard of proof for a violation is different than the standard for a criminal conviction. A probation violation need only be proven by “preponderance of the evidence,” rather than “beyond reasonable doubt.” If the judge thinks it is more likely than not that you violated, there are generally three possible results. 

The first is that you will be allowed to continue with your probation according to the same terms, but you should consider yourself on thin ice from here on out. This is sometimes done for very minor or technical violations, such as missing curfew just by a few minutes. A more likely result is that the terms of your probation will change. You may be subject to more restrictions, more frequent check-ins, or additional requirements. If this is the result, it is very important that you strictly adhere to the new requirements. 

The worst-case scenario is that your probation will be revoked entirely, and the court will immediately sentence you based on your original crime. This often includes jail time. You will want to have an attorney advocating for you to avoid this result. 

Call an Illinois Probation Violation Attorney

If you have been accused of a probation violation, Issa Law, LLC can represent you at your hearing. Our experienced Orland Park probation violation lawyers are adept at fighting for probationers to avoid overly harsh results for all types of violations, from the technical to the serious. Call 708-966-2408 for a free consultation. 

Source: 

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