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 is trying to violate you. 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 easier for the state than the beyond a reasonable doubt standard required in criminal trials. Your confession of guilt may be all the state needs to meets its burden
If the state wins, the judge can resentence you. Perhaps your supervision will become a conviction. Perhaps you will have to serve some 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.
Whether the evidence is enough for a judge to violate you depends on your particular judge. An attorney familiar with your court house may be able to present your case to your judge in its most favorable light. An attorney can highlight weaknesses in the state’s case or attempt to negotiate a more favorable outcome.
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: Violation, modification or revocation of probation.
(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.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).