Your original criminal case ended in a sentence of supervision or probation, albeit with certain conditions. You thought you were done. But now the state says you violated that probation. Maybe you failed a drug test, failed to pay a fine or got in trouble for another offense.
What can happen to you? What can you do?
After the state petitions the court to violate your probation/supervision, you may be summoned to appear for a hearing, or in some cases, arrested. At the hearing, the state must prove your violation by a preponderance of the evidence. This is an easier burden for the state than beyond a reasonable doubt.
If the state wins, the judge can resentence you. Perhaps your supervision will become a conviction or you will serve time in jail. Bear in mind that if your violation is based on a new offense, you will still have to defend the new offense.
If you are charged with a violation, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Whether a judge will decide to violate you may depend on your particular facts, which different judges may see very differently. An attorney familiar with your court house may be able to present your case in its most favorable light. Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable outcome than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: 730 ILCS 5/6-6-4
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
