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.)


About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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