Violating Probation Can Land You in Jail

 Posted on July 20, 2018 in Criminal Defense

In criminal cases involving jail or prison time, there is often a high probability that upon release from incarceration, an individual will be placed on probation. Probation requires a person to follow strict rules and guidelines on howhe or she should conducthimself or herself ashe or she transitions back to the real world.

As of this writing, an Illinois man is on his way to jail after violating probation. The man pled guilty to committing a string of burglaries and burning a vehicle. He pled guilty to two counts of burglary and one count of arson, according to the Daily News. As a result of this guilty plea, the man was placed on probation. One of the conditions of his probation was that he was not to get arrested for any additional crimes or offenses. He did not meet this condition. The man was arrested for two charges: possession of a knife and unlawful display of a title with a prior conviction. Both of these charges are considered Class A misdemeanors.

As a result of the arrest after being placed on probation, it was no surprise that the court revoked his probation. There was debate from the prosecutor and the defense on how much jail time was actually warranted or needed. Ultimately, the judge sentenced the man to 28 days in jail and another 48 months, or two years, of probation following his release. He is also to undergo additional testing and counseling.

Probation in Illinois

If a person is guilty of a crime, it is always the hope thathe or she will not have to serve jail or prison time. Probation can be an excellent alternative to lengthy jail sentences. It allows the defendant to livehis or her liveand move forward, but still be under supervision to be surehe or sheis abiding by the rules and staying out of trouble. A violation of probation puts that ‘freedom’ at risk.

After violating probation, a judge is likely to revoke probation and send the defendant to jail for the first time or back to jail.

However, there are a few defenses that could potentially be employed after a probation violation. These include:

• Inaccurate testing (if probation was for drug or alcohol use);
• Exigent circumstances preventing a defendant from meeting with the probation officer, such as a hospital visit; and
• The defendant made every attempt possible to follow the rules of the probation and a violation was nothis or her fault. For example, if a no contact order is placed against the defendant and he or she is avoiding the victim, but a chance meeting occurs, this could be a defense.

The above is by no means an exhaustive list of defenses. Probation violation defenses are specific to the terms of the probation.

Let Us Help You Today

If you have violated probation and are worried about the consequences, contact a dedicated Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley. We work diligently to present every possible defense to get the best result possible. Contact us today.

Sources:

http://www.effinghamdailynews.com/news/local_news/burglar-returned-to-jail-after-probation-violation/article_78019d3c-721b-5677-b574-75738f69b104.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-4