What Happens if I Violate My Probation in Illinois?

 Posted on June 16, 2018 in Felonies & Misdemeanors

If you have been convicted of a crime, you may have either served a jail sentence and then been subject to probation, or you could have been sentenced to probation in lieu of jail. Either way, probation is taken seriously in Illinois and there are consequences for violators. Probation usually requires those who are convicted of a crime to follow a certain set of rules, which can be different for everyone, based on the crime they were convicted of. Violating a condition of your probation can lead to unwanted consequences.

Common Terms and Conditions for Probation

Though the terms of probation differ from person to person, there are a few conditions that are usually present in most probations. These conditions include:

• Obeying court orders;
• Obeying all laws;
• Attending meetings with your probation officer;
• Not using alcohol or drugs;
• Limitations on travel; and
• Being subject to random drug or alcohol tests.

These terms are just examples of terms that can be possible in a probation agreement. Usually, the terms differ depending on the crime you committed, and the seriousness of the crime, such as if the crime was a felony or misdemeanor. If you violate any of these terms, or any other terms laid out for your specific case, you can be subject to probation violation consequences.

Illinois Court Actions in Probation Violations

In Illinois, the Unified Code of Corrections sets forth the guidelines that are used when a probation violation is reported. The court can:

• Order a notice to be issued to the violator;
• Order a summons to the violator to be present for a hearing; or
• Order a warrant for the violator’s arrest if there is a risk of him or her fleeing the jurisdiction, they pose a risk to others or when the violator fails to respond to a notice or summons.

The Probation Hearing Process

The court will then conduct a hearing for the alleged violator. The violator will be admitted to bail unless the subject of the violation is an alleged crime, then the violator will be admitted to bail on the terms as specified by the crime. During the hearing, the judge will determine whether or not the probation was violated and what the consequences of the violation should be. The nature and seriousness of the violation will be used as consideration, as well as the prior history of any other violations.

If the court finds that the probation was violated, they can do a few different things. The court can:

• Continue the existing probation sentence;
• Modify or enlarge the conditions of probation;
• Impose other sentences in accordance with sentencing laws; or
• Revoke the probation and sentenced to imprisonment.

Seek Help From A Rolling Meadows Criminal Defense Lawyer

If you have been convicted of a crime and have been sentenced to probation, it is important that you follow the rules of your sentencing. Though you may do your best to follow the rules of your probation, accidents do happen. If you have been called to a probation violation hearing, you need an experienced Arlington Heights criminal defense attorney by your side. Contact Scott F. Anderson, Attorney at Law to discuss your case. Call 847-253-8400 to schedule a consultation.

Source:

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