Rolling Meadows Probation Violation Lawyer
Criminal Defense Attorney for Probation Violations in Cook County and DuPage County
When someone is convicted of a crime in Illinois, they are much more likely to be sentenced to probation than to prison. Illinois, along with many other states, increasingly prefers to keep convicted criminals out of prison, so they can keep working and supporting their families, in addition to participating in educational and rehabilitation programs. In fact, Illinois has more than twice as many people on probation as there are in prison.
Probationers must obey many rules and participate in a variety of mandated programs, such as drug or alcohol treatment, community service, education, and employment.
At Hartsfield Law, we understand how strict Illinois's probation rules are and how hard it can be to comply with every single detail. Most of us struggle just to keep up with the demands of daily life, like holding down a decent job, caring for family, juggling transportation, and paying the household bills. When you are accused of a probation violation, it can seem like the precariously balanced building blocks of your life are tumbling down around you. But Hartsfield Law can help. We will vigorously defend you in any probation violation actions.
Examples of Probation Conditions in Illinois
How strict can the requirements of a probation sentence be? Following is a list of conditions for Illinois's Second Chance Probation program. This program is a sentencing option for people with no prior felony convictions who are charged with a non-violent Class 3 or 4 felony such as theft, retail theft, or small-quantity drug possession (730 ILCS 5/5-6-3.4).
- Must not commit another crime in Illinois or anywhere else.
- Must not possess a firearm or other dangerous weapon.
- Pay any levied fines or court costs, including the cost of drug testing.
- Submit to at least three drug tests.
- Make full restitution to any victim or property owner.
- Obtain or attempt to obtain employment.
- Take high school/GED or vocational training courses.
- Perform at least 30 hours of community service.
- Comply with additional conditions that the court may add at its discretion, such as:
- Report in person to a probation officer or social service agency.
- Undergo medical or psychiatric treatment or rehabilitation.
- Attend or reside in a facility established for defendants on probation.
- Financially support any dependents.
- Refrain from consumption of controlled substances.
How Illinois Handles Probation Violations
When a probation officer finds that you have violated a condition of your probation sentence, Illinois law (730 ILCS 5/5-6-4) states that the following consequences may be administered:
- Serve you with a Notice of Immediate Sanctions. Administrative Sanctions include things like reporting to your probation officer more often, performing additional community service hours, attending additional classes or support groups, or even home detention.
- This is a common response to a Technical Violation, which means you did not break any law, but you did violate some part of your probation agreement, such as failing to show up for a required meeting or program.
- Sanctions might also be applied for traffic violations or misdemeanor offenses (e.g., shoplifting), but not for any violation which could be charged as a felony.
- You can accept or reject these sanctions. If you reject the sanctions or fail to respond to this notice, you will most likely be served with a Probation Violation Notice.
- File a Violation of Probation with the court. Depending on the severity of the violation, the probation officer may ask the court to:
- Require you to report to the County Probation Department.
- Issue a summons ordering to you appear at a court hearing.
- Issue a warrant for your arrest, if the probation officer believes there is a danger that you will flee the jurisdiction or cause serious harm to others, or if you have failed to answer a summons.
- Court Hearing for Probation Violation: If you are summoned or arrested for violating probation, the local circuit court will then conduct a hearing to determine if your probation will be modified or even revoked. The probation department must present proof of the violation. You will want to be represented by an experienced criminal defense attorney at this hearing.
Consult a Rolling Meadows Probation Violations Lawyer
If you have received a Notice of Immediate Sanctions, been summoned to a hearing, or been arrested for a probation violation, contact an experienced Rolling Meadows probation defense lawyer as soon as possible. It is always wise to seek legal advice before responding to any legal notice or summons. The knowledgeable staff at Hartsfield Law can help you fight accusations of probation violation. Call us at 312-345-1700 for a free, no-obligation consultation. We serve Cook County and DuPage County with offices in Chicago, Oakbrook Terrace, and Rolling Meadows.