Clarifying the Meaning of Probation Violation

hajran-pambudi-403848-copy-300x199The simplest way an individual can violate his or her probation in Chicago is getting arrested on new charges. Other scenarios involve people fail to complete provisions of their probation such as contacting their probation officer, taking a court-ordered drug test, or finishing community service hours. The list of violations goes on to include failing to follow through with a drug and alcohol treatment program and failing to pay fines.

Across the border in Indiana, 45-year-old Steven Sells was sent back to prison on December 6th for violating his probation. Sells was previously arrested on charges related to dealing methamphetamine. He failed to submit to a drug test and missed an appointment with his probation officer.

A probation violation defense attorney in Chicago can help if you face such charges. He or she will work with the court to help you avoid the most serious consequences and repercussions.

What to Expect When Charged with a Probation Violation

After it is established by authorities that you have violated your probation, a letter will be sent that explains the violation. The correspondence will also advise you of when you are to appear in court. Typically, that court date is within 30 days, but it could be as soon as seven to 14 days after the specified date.

In the case of most felonies and some misdemeanors, the expectation should be made that the judge will lead a bond hearing on the court date specified. At that time, he or she will make the determination of how much it will cost for a bail bond so you can avoid going to jail while your case is still pending.

Statute 730 ILCS 5/5-6-4 details the violation, modification, or revocation of probation.

After violating your probation, the possibility of being arrested on the spot is very real. If this happens, expect to post some form of bail, especially if the crime for which you were convicted was a felony.

During the course of a probation revocation hearing, you will have the right to be in the presence of your lawyer. You should also treat a situation involving a probation violation as if you are actually arrested on new charges.

Why? The judge has the authority to re-sentence you, as he or she sees fit, to the sentencing options that were available when you were first charged. Because of the high level of risk involved, it is best to retain counsel.

An experienced probation violation defense attorney will be able to handle cases involving:

  • Direct violations of the terms and conditions of your probation
  • Engaging in subsequent criminal offenses
  • Being associated with criminals who are well-known and possibly living the same lifestyle
  • Neglecting to pay restitution ordered by the court
  • One’s inability to act responsibly and within the laws of society

Hire an Experienced Prostitution Defense Attorney in Chicago

You are technically in violation of your probation if you do not fully complete or fulfill any condition of your probation. At its own discretion and authority, the court has every right to punish those who do so.

The judge may add penalties to your sentence, extend your probation, or impose additional limitations. The law firm of David Freidberg recognizes that prosecutors are frequently less willing to work with those who already have a criminal record.

Your best defense is hiring a probation violation attorney who is skilled at defending clients. David Freidberg knows how to successfully negotiate with prosecutors in order to map out the best defense strategy.

Schedule your free consultation or all (312) 560-7100 today so we can start addressing your concerns.

(image courtesy of hajran-pambudi)