There have been a lot of changes to the way life works in the midst of the COVID-19 pandemic. One area that has made headlines is prisons.

Prisons have become hotbeds of COVID-19 spread, which makes sense. With so many people living so closely together in prisons, it’s the perfect environment for viral spread. This has resulted in the early release of many prisoners, some on the grounds of compassionate release, including high profile Chicago mob enforcers.

Proper Legal Counsel Could Mean a Better Outcome for You, Too

Prisons in the high-risk groups for COVID-19, such as those of advanced age or with health issues, are being released on probation early. Part of this is a compassionate move while another part is to help thin the populations in the prisons.

It stands to reason that if they’re letting people out of Chicago prisons, they don’t want to send many people right back in.

If you are facing prison time for an offense in Chicago, then depending upon the caliber of your legal counsel and the circumstances surrounding your case, you may be granted house arrest or probation in lieu of prison time. Here’s what you need to know to go about doing just that.

Asking for Probation

If you’re convicted of a crime during this pandemic, you may be able to petition the court for a suspended sentence that results in probation.

A suspended sentence is when any prison or jail time you’re sentenced to is placed on hold as you comply with other measures by the court, such as probation in conjunction with a treatment program.

Probation Isn’t a “Get Out of Jail Free” Card

To be successful in your efforts to get probation instead of jail time, you must comply with everything the judge orders you do. If you don’t, then the probation officer or prosecutors handling the case can let the judge know you’ve violated probation and you can be sent to jail as a result to serve the rest of your sentence.

You will not be entitled to a new trial if this occurs, but the prosecution reserves the right to file new charges against you if the law was violated when you violated probation.

Common Conditions for Probation in Chicago

Here are the type of conditions those on probation may be expected to adhere to:

• Obey all laws
• Report to an assigned probation officer regularly
• Refrain from travel outside of the jurisdiction without getting permission from the probation officer first
• Don’t use alcohol excessively or any illegal drugs
• Abide by court orders such as payment of fines
• Submit to regular drug and alcohol screenings
• Avoid certain places and people

In many states, the circumstances in which the courts can impose probation instead of a jail sentence is limited. If you have prior convictions for certain crimes, such as drug crimes, then you may not be eligible for probation.

Still, there may be another option…

Request for House Arrest

If your crime is not eligible for probation, then you may be able to request house arrest in place of prison time. During house arrest, you’ll be confined to your primary place of residence except to go to work and attend appointments with your probation officer or the court. You may also be subject to curfews.

Most people placed on house arrest have an ankle bracelet placed by the court that monitors movements. It can detect whether you’ve tried to leave your place of residence when you weren’t supposed to.

If you don’t have a long history of criminal offenses, you’re not a violent offender, and you have a history of steady employment, then you may be a good candidate for house arrest.

For both of these scenarios, you must petition the court and make a case for either probation or house arrest. With COVID-19 disrupting things, this may be a great opportunity to avoid jail time.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

According to the Chicago Tribune, Aurora’s city council voted unanimously to make violating the state’s lockdown order a disorderly conduct charge.

This misdemeanor disorderly conduct charge can have an impact on your life well after COVID-19 goes away, so it’s important to understand what you may be facing if you’ve chosen to ignore the lockdown order.

Disorderly Conduct in Illinois: What is it?

Disorderly conduct laws are a means to help keep communities running peacefully. There are many actions and behaviors that can fall under the umbrella of disorderly conduct.

In general, disorderly conduct is perpetrated when you participate in any activity that causes a disturbance or leads to a non-peaceful event. In Aurora, it now includes defying the state’s lockdown orders.

There are some specific actions cited in the disorderly conduct statute in Illinois. These behaviors are prohibited:

• Threatening violence, bodily harm, destruction or death to people in a school or the school itself
• Reporting a non-existent fire to the fire department
• Threatening a bomb even when no bomb is present
• Reporting a false crime to the police
• Reporting a false claim of abuse at a mental health facility or nursing home
• Calling 911 when there’s no emergency
• Reporting a false claim to the Department of Children and Family Services
• Trespassing on someone’s property and looking in windows
• Annoying, intimating, or harassing a debtor as a debt collector

You can also be charged with disorderly conduct for fighting, protesting, encounters with police, disturbing an assembly, or engaging in private conduct in a public place — and most recently, ignoring lockdown orders in some places in Illinois can be added to this list.

When charged with this offense, where it occurred as well as the circumstances in which it occurred are taken under consideration by the court.

They also look at whether or not someone else felt threatened by your actions, though this isn’t always necessary to be charged with disorderly conduct.

Consequences for Disorderly Conduct in Illinois

Disorderly conduct is almost always a misdemeanor offense. It can be charged as a felony in some circumstances, such as reporting a false fire. In Illinois, ignoring the state’s lockdown orders can result in a Class C misdemeanor charge.

Class C misdemeanors can result in up to 30 days of jail time and fines up to $1,500, though the Aurora city council said the fine won’t be more than $500 if caught violating lockdown orders.

In more serious disorderly conduct cases, the specific behavior and whether or not it’s your first charge has a bearing on the charges. In some cases, you can be charged with up to a Class 3 felony, which can result in jail time, fines, and community service.

While disorderly conduct may seem as if it’s not a serious charge, it can have a huge impact on a person’s life. It can cause financial stress, the stress of being in jail, or on probation, and it does create a criminal record that can impact your future employment or housing opportunities.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.