What Happens if I Violate My Probation?

 Posted on May 14, 2018 in Criminal Defense

When sentencing an individual upon conviction of a charge, a judge often has a variety of options available. One of the most common types of sentencing in Illinois involves placing an individual on probation.

Probation is a sentence that requires a defendant to adhere to certain supervision rules to ensure thatthe defendant isnot committing other crimes andis being rehabilitated afterhis or her conviction. An individual must follow the terms ofhis or her probation exactly, otherwisehe or she could be found inviolation of his or her probation.

Of course, violating probation has consequences. If you have violated your probation, there are defenses and options available to you, and it is in your best interests to contact an attorney immediately for help.

What is Probation?

Individuals that are sentenced to probation are required to follow a set of rules established by the court. The terms of probation can vary from case to case; however, most oftenthese rulesinclude the following:

• Reporting to a probation officer. This can be done either in person or over the phone, depending on the court’s ruling;
• Refraining from using any and all illegal drugs;
• Committing no crime;
• Some type of restriction on weapons that one can have inhis or herpossession;
• Attending counseling mandated by the court;
• Paying all fines and court costs; and
• Attending any scheduled court dates.

The above is not an exhaustive list of all probation terms, but is a list of the most common types of rules that must be followed. A violation of any of the above can be reported.

The court also determines the time that a defendant will be on probation. Making it through that period of time without any violations will result in release from probation and a defendant being able to move forward withhis or her life. A violation of probation, however, can result in further punishment.

If probation is violated, then aNotice of Violation of Probation will be filed with the court and will be mailed to the defendant’s last known address. A defendant must appear in court or a warrant will be placed for arrest.

There are different punishments available to the courts for violation of probation. These include letting a defendant continue withhis or her probation (more common for first-time violators), lengthier probation time, or even jail time.

Contact Us Today for Help

At The Law Offices of Christopher M. Cosley, we know that mistakes happen. As such, a dedicated Rolling Meadows criminal defense attorney at our office is ready to defend you with any applicable defenses. We are passionate about advocating for your rights and obtaining the best possible result under the circumstances. Contact us today for legal assistance.

Sources:

http://www.cookcountycourt.org/ABOUTTHECOURT/OfficeoftheChiefJudge/ProbationDepartments/ProbationforAdults/AdultProbationDepartment/FAQ.aspx

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