Being accused of a probation violation can be a daunting experience, especially in a city like Chicago. Understanding your rights and the steps to take can make a significant difference in the outcome of your case. This blog will explore the crucial aspects of handling probation violations in Chicago, shedding light on legal representation, evidence gathering, and the appeals process.

Know Your Rights

The first step in any legal situation is understanding your rights. When accused of probation violation in Chicago, individuals have the right to remain silent and the right to legal representation. It is crucial to exercise these rights to avoid self-incrimination and ensure a fair process.

Legal Representation

Securing the services of an experienced criminal defense lawyer is paramount. A skilled attorney specializing in probation violations can guide you through the complexities of the legal system. They will assess the details of your case, evaluate the evidence against you, and develop a strategic defense plan tailored to your situation.

Evidence Gathering

Building a solid defense requires meticulously examining the evidence presented against you. Your attorney will scrutinize the probation terms, seeking any ambiguities or potential misinterpretations. Additionally, they may gather evidence to challenge the allegations, such as witness testimonies, surveillance footage, or other relevant documentation.

Understanding the Probation Terms

To effectively dispute the accusations, it is crucial to clearly understand the probation terms you are alleged to have violated. Your attorney will work closely with you to review the conditions imposed by the court, ensuring that any alleged violations are thoroughly examined for accuracy and compliance.

Negotiation and Settlement

In some cases, negotiation and settlement discussions may be beneficial. Your attorney can engage with the prosecution to explore options for resolving the probation violation without going to trial. This could involve agreeing to modified probation terms or alternative resolutions that are mutually acceptable.

The Appeals Process

Understanding the appeals process is essential if negotiations do not yield a satisfactory outcome. Your attorney will guide you through the steps involved in appealing a probation violation conviction. This may include presenting new evidence, arguing legal errors in the initial proceedings, or challenging the severity of the imposed penalties.

Importance of Timely Action

Timeliness is crucial in addressing probation violations. Failing to respond promptly to accusations can result in more severe consequences. Your attorney will ensure that all necessary documents are filed within the specified deadlines, preserving your rights and providing ample time to build a robust defense.

Collaboration with Probation Officers

Maintaining open communication with your probation officer is key. Your attorney can assist in facilitating this communication, ensuring that any concerns or potential violations are addressed proactively. Establishing a positive relationship with your probation officer may favor you during legal proceedings.

Preparation for Court

If your case proceeds to court, thorough preparation is essential. Your attorney will gather and present compelling evidence, challenge the prosecution’s arguments, and advocate for your rights in the courtroom. A well-prepared defense significantly increases the likelihood of a favorable outcome.

Accused of Probation Violations in IL

Accusations of probation violation in Chicago demand a strategic and informed approach. By understanding your rights, securing experienced legal representation, and actively participating in your defense, you can confidently navigate the legal system’s complexities. Remember, a strong defense is your best ally in resolving probation violation allegations positively.

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 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.

Even in states where drugs have been decriminalized or legalized, like Illinois, people are still sometimes required to submit to drug tests. The results of those tests can impact your life, but the nature of that impact depends on why you’re being tested in the first place.

While the state of Illinois may seem as if it’s lenient on drugs, under state law drug testing is permissible. Employers often drug test employees that are either seeking employment or are currently employed. However, drug tests can be used for a variety of reasons legally, and sometimes those results, if positive, can land you in legal trouble.

Here’s what you need to know about drug testing in Illinois and how it can impact your life.

Drug Testing for Employment in Illinois

There are many companies in Illinois, as well as government agencies, that require drug testing before you can begin employment. Why? For many private employers, the state offers incentives, as does the federal government, to screen employees for drugs before employment. They often get breaks from insurance companies for doing so as well.

Companies set their own guidelines regarding the testing and reporting of employees, but most follow guidelines set by Substance Abuse and Mental Health Services to avoid any type of lawsuit in the future.

If you fail a drug test before employment under these guidelines, then things usually stop at the Human Resources department of the employer and criminal consequences are highly unlikely – though you may not get the job.

If you are currently employed and fail a drug test, there may be more dire consequences. However, those consequences might be influenced by why you were given the test in the first place, as well as what you do within the company and how long you’ve worked there.

Failing a drug test is grounds for termination of employment in Illinois. It’s up to the individual employer whether or not you’re given the opportunity to take a second test at a later date or to provide you with the opportunity for addiction treatment in order to keep your job.

Some employers may be required to report the result of the drug test you were given to outside agencies like the unemployment office. There may be no legal consequences, but if you lose your job due to a failed drug test, then you may not be eligible for unemployment.

Drug Testing for Illinois Probation

Often it is a condition of parole or probation for a person to undergo random drug screenings. In these circumstances, a failed test can have legal consequences and can also impact the sentencing handed down for your original offense.

There are several potential consequences to failing a drug test when you’re on supervised release, but ultimately your parole officer will decide what happens to you. You may potentially face:

A Warning

Depending on the reason for your probation, a failed drug test may only result in a warning. However, those who are on probation due to drug crimes can be immediately sent to jail or prison as a result. Typically, one warning is all you are allowed or you can face more significant legal consequences.

Rehabilitation

If you fail a drug test, your probation officer may issue community service hours to be completed. This is usually offered instead of being sent right to jail as a way to rehabilitate you. But if the officer believes you need to go to rehabilitation, then you may be ordered to do that. Refusing to go can result in you being sent to jail.

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.

Most people understand what probation violations are, but few people understand the distinctions of the probation system, including violations.

If you’re on probation, violating its standards can be a very big deal. There is not just one way to violate the terms of your probation; there are two.

Here’s what you need to know about the two types of probation violations in Illinois and the consequences of violating them.

What Is Probation?

When someone who has committed a crime in Illinois demonstrates that they are willing and able to rehabilitate, then the court may order probation instead of incarceration. Basically, instead of serving your sentence in jail or prison, you serve it in the community – subject to certain rules, that is.

The directives you must abide by while serving probation are called the terms of probation. Violating these terms can obligate you to appear before a judge. That judge might send you to jail instead.

However, it’s not just violating the terms of your probation that can slap you with a violation. That’s what is meant by two different types of probation violations.

The Two Types of Probation Violations

The two types of probation violations in Illinois are technical and substantive.

Technical Probation Violations

Technical violations occur when you fail to complete a condition of your probation that was ordered by the judge. These include orders such as:

• Curfew
• Meetings with a probation officer
• Keeping employment
• Enrolling in school
• Paying court costs

The punishments associated with technical violations are normally not too terrible. The court may decide to modify the conditions of your probation, but, in many cases, you don’t have to go to prison. This changes if you become a serial technical violator.

It’s a good idea to avoid a technical violation, as they do not make you look good in front of the judge. But if you do, it’s usually only a minor setback — as long as you’re apologetic and explain why the technical violation occurred.

Substantive Probation Violations

A substantive violation is one that occurs when you commit a new crime while on probation. This is a serious violation, even if it’s a crime that has nothing to do with the one for which you’re on probation.

Committing another crime often causes you to be charged by the state and face a new process in criminal court. That means you may endure not only the penalties from your past crimes that evoked the initial probation. New penalties may pile on the original sentence.

Basically, it can lead to the loss of probation and send you to prison.

If your probation is revoked, you will face the maximum time in prison that would have constituted your original sentencing. Your probation can no longer serve as a substitute.

So, for example, if you were convicted of a crime that could have sent you to prison for five years, and you violate probation, then you might go to prison for five years.

The best thing you can do is stick to your probation rules. Try your hardest not to violate the terms of probation. Doing so will ensure the best outcome for you in the case.

However, probation violations do happen. In those cases, your best bet is to obtain representation through an attorney who can help plead your case before the court. They might be able to keep you out of jail for the duration of your probation.

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.

When you’re convicted of a crime in Illinois, the punishment can often amount to jail time. However, it’s not uncommon for some defendants to be sentenced to probation instead.

Probation, also known as supervised release, allows the person convicted to continue life outside of jail. They remain supervised for the safety of those around them. If they break the terms of probation, they return to jail.

Probation should help rehabilitate those with criminal convictions while keeping the community safe, but it doesn’t always work as intended. A Chicago case shows just how terrible things can turn if those sentenced to probation don’t follow the rules – and the proper enforcement doesn’t revoke their probation in time.

A man on probation for robbery was not living up to the requirements. He slipped through the cracks and was never sent back to jail. Further down the line, he allegedly raped a woman near the Belmont Red Line station.

What is probation and how does it differ from parole? Here’s what you need to know about probation, its violation, and what’s supposed to happen if you flout its conditions.

Probation vs. Parole

Some people use the terms “probation” and “parole” interchangeably. While they may describe the conditional release of an offender, in practice, they look very different.

Probation encompasses an alternative sentence to prison time. It is ordered instead of a prison sentence or as a suspension of one. This means if probation is violated, you’ll serve the rest of the sentence in prison.

Parole, on the other hand, is a conditional release from prison. The correctional system in the state oversees it. Those on parole have served a percentage of their sentence in prison. After some time, the parole board deemed them eligible for early release, to serve the rest of their sentence on parole.

What do parole and probation have in common? If their terms are violated, the person convicted will be sent to jail.

What Are the Terms of Probation in IL?

When placed on probation by the court, you are expected to comply with certain terms after the period has ended. The terms of probation depend on the specific case involved, but most people on probation are expected to:

• Meet regularly with a probation officer
• Appear at all court hearings
• Refrain from committing any other crimes
• Take drug and alcohol tests
• Complete drug and alcohol counseling
• Pay fines or restitution
• Avoid certain people or places
• Finish community service hours assigned by the court

If you fail to meet these terms, you violate probation. In some cases, the probation officer may simply give you a warning. In more complicated circumstances, you may have to go before a judge. They will rule to determine whether or not you violated the terms of your probation.

The judge may settle on jail time, or they may decide on new terms to continue probation, like payment of additional fines.

If you must complete the sentence in jail, you might serve the full term of the original sentence or just the remainder of the probation period. That’s up to the judge.

Probation needs to be taken seriously, but mistakes do happen. If you violate your probation, contact your probation officer right away to straighten out the matter. Take responsibility, or you could face lasting consequences.

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.

While probation offices across Illinois are closed or operating with fewer employees due to COVID-19, there may be a decrease in technical probation violations resulting in any real punishments.

For many years, criminal justice researchers have gathered a lot of data about whether or not punishments for non-criminal probation violations are helpful to anyone. With many probation offices changing the way they do things during the COVID-19 pandemic, that question is being asked again.

So what is the difference between a technical probation violation and a criminal one? What are some technical probation violations that are now being called into question?

Read on to find out.

Substantive Violation

A substantive violation of probation, also called a criminal violation, means that you commit another crime and are charged for it while on probation for another crime.

Any crime you commit, even if unrelated to the crimes you’ve already been found guilty of, is seen as a substantive violation of probation. You can be charged by the state for the new crime and face penalties associated with it in addition to penalties for violating probation.

Often, committing a crime while on probation means that you lose your probation and may go to prison to complete your original sentence.

Technical Probation Violations

When you have a technical violation of probation, it means that conditions set by a judge as a part of your probation were not met.

Some of the most common technical probation violations include not being where you’re supposed to be and your being where you’re not supposed to be and not paying proper fines and fees, among others. Below are some specifics.

Missing a Probation Appointment

You are required during supervised probation to meet regularly with your probation officer. Missing an appointment is considered a violation of probation and the probation officer can report it to the court.

Not Being Employed

Another common condition of probation is that you find a keep a job or enroll in school. Failing to this will put you in violation of probation.

Missing Court

During a probationary period, it’s not uncommon to have court hearings in front of a judge periodically in order to assess your progress. Missing these hearings is a violation of probation and is not looked upon kindly by the court.

Visiting People or Places You Should Not

Sometimes it can be a condition of probation to avoid certain places or people that may be associated with criminal activity. An example may be staying away from gangs or communicating with gang members.

Failure to Pay Restitution or Fines

Depending upon the crime you are found guilty of, you may be ordered to pay fines or restitution to victims as a part of your probation. Failing to do so is a probation violation.

Failure to Complete Community Service

Some people are ordered to complete a certain number of community service hours as a part of their probation. Failure to complete the set hours of community service is seen as a probation violation.

Consequences of Probation Violations

For technical probation violations, you will likely be required to appear in court in front of a judge to determine if you did violate probation and what consequences you may face as a result. The judge can:

• Continue the same terms of your probation
• Terminate probation without any further conditions
• Modify your probation in a way that requires you to fulfill with additional requirements
• Extend the term of your probation for up to five years
• Rescind your probation and require you to service a prison or jail sentence instead

The courts may not be working as they normally would right now, but that doesn’t put your probation on hold. Remember to call your probation officer if you have questions or you’re experiencing issues with probation during this pandemic. They can be your biggest advocate!

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.

This means that it’s very important to understand the basics of probation, and the terms of your specific probation program to avoid a probation violation.

We’ve put together a short FAQ list covering the basics of Illinois probation, common terms you’re likely to face, and what to do if you’re accused of a probation violation.

Are Illinois Probation and Parole the Same Thing? A: Many people mistakenly believe that probation and parole are the same things. However, probation and parole are two very different processes. Parole supervises former inmates after their release from incarceration, while probation is a sentence in itself.

One thing that probation and parole do have in common, however, is when you violate either one, you’re likely to face serious legal ramifications…including jail time.

What Kind of Probation Conditions Can I Expect in Illinois?

A: Although the specific terms for your probation will depend on the type of program and the circumstances of the offense in question, there are some general probation terms that you can almost always expect to be a part of your probation:

• Reporting to your probation officer: You will be required to report regularly to your probation officer, or PO. Failing to meet your reporting schedule can result in a probation violation. It’s also advisable to show up on time or early – this will keep you on your PO’s good side!
• Paying restitution: Depending on the nature of the offense, you may be required to pay restitution to the crime’s victims.
• Firearm possession: While on probation, you’ll be prohibited from possessing or purchasing firearms or ammunition.
• Drug and alcohol use: In many cases, you’ll be required to abstain from drug and alcohol use while on probation, and will be subject to random testing.
• Travel restrictions: While on probation, you are prohibited from leaving the state. You must notify your PO of any travel plans in advance, and obtain prior permission.
• Obeying all laws: Most people know that they must avoid breaking the law while on probation. However, this also applies to petty offenses such as traffic violations.

In addition to these general probation terms, you may be subject to additional terms specific to the type of offense.

Will My Judge Consider Special Needs When Assigning Probation?

A: Yes. In fact, the state of Illinois offers several types of probation supervision. They are tailored to the type of offense in question, but also the specific needs of the defendant (for example, mental health conditions).

Common types of Illinois probation include:

• Intensive probation supervision
• Intensive drug program
• Sex offender program
• Mental health unit
• Gang unit
• Domestic violence probation supervision

What Are Some Examples of Program-Specific Terms?

A: The court has wide discretion regarding the specific terms of your probation, but there are a number of terms commonly associated with each.

For instance, probationers will most likely be subject to random drug testing if assigned to probation under the drug program.

Likewise, the domestic violence program typically includes counseling and anger management programs for domestic violence offenders.

If you have questions regarding your specific needs or feel that your personal rights have been violated because your needs have gone unmet, contact an experienced Illinois defense attorney for more information.

What Happens If I Violate My Illinois Probation?

A: If you violate the terms of your probation, you may be hit with a charge of probation violation. The consequences for a probation violation can range from a simple written warning to serving the duration of your sentence behind bars.

Ultimately, it depends on the nature of the alleged violation and any past history of violations. Any Illinois probation violation is a threat to your freedom, however, and quick and decisive action is necessary to ensure the best possible outcome.

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.

Judges will often commute a prison sentence to probation for low-level and/or first-time offenders. If you’re on probation, your prison sentence is suspended and you’re allowed to remain in the Chicago community — so long as you meet certain conditions.

A probation program lays out strict terms that you’re legally obligated to follow. Failure to comply with probation terms is considered to be a probation violation. This could result in repercussions ranging from a few days behind bars to complete revocation of your probation, forcing you to spend the duration of your sentence incarcerated.

In fact, the terms of probation are so strict that many probationers violate them inadvertently. Regardless of your intent, a violation is a violation, and you will face the same consequences.

So, what probation conditions do you need to follow if you’re under probation in Illinois?

We’ve put together a guide covering Illinois’ most common probationary terms and what happens when you violate them. We also discuss some special probation terms which always accompany certain types of offenses.

Conditions Illinois Typically Imposes for Probation

The court system will determine the specific terms for your Illinois probation based on factors such as the type and severity of your offense, and your prior criminal history.

If you don’t understand the terms of your probation or aren’t sure what those terms are, check with your probation officer to clarify. Ever heard the saying that it’s better to ask for forgiveness than permission? This does not apply to probation!

Although the conditions of your probation sentence will depend on the specifics of your case, some of the most common probation conditions include:

Reporting to your probation officer. If placed under probation, you’ll be required to regularly report to your probation officer. Failure to show on schedule could result in a probation violation. We also recommend making sure that you’re on time or early — you want to stay on good terms with your P.O.!

Paying Restitution. Depending on your offense, you may be required to pay restitution or fines to your community, or to the victims of the alleged crime. For example, a shoplifting offender may be asked to pay the merchant for the stolen goods.

Prohibitions on firearm possession. While under probation, you’re barred from purchasing or possessing firearms or ammunition. Period.

Abstinence from drugs and alcohol. Depending on the type of offense, you may be required to abstain from drugs and alcohol while on probation. Probationers are often subjected to testing for drugs and alcohol. Failing a drug or alcohol test will result in a violation charge.

Staying inside state lines. While under probation, you’re barred from crossing state or international borders. If you need to travel, you and your probation officer will need to file a motion with the court to approve your travel. This means that you must plan several weeks to months in advance.

Obeying all laws. Most people know that you must avoid breaking the law while on probation. However, this term also refers to petty violations such as traffic offenses.

Maintaining lawful employment. Many programs require probationers to maintain lawful employment while under probation, and to alert their employers of being on probation.

Following protective orders. If you’re been charged with domestic violence, harassment or stalking, a protective order will most likely be a term of your probation.

Violating a protective order will result not only in a probation violation but also a separate criminal charge for violation of a protective order.

Special Probation Terms You May Face in Illinois

In addition to the above common probation terms, the court may impose special terms based on the circumstances of your case.

Common examples of special probation terms include:

• Curfews
• Addiction treatment programs
• 12-step meetings such as Alcoholics Anonymous
• Electronic monitoring
• Mental health treatment
• Avoiding certain individuals and locations
• Domestic violence treatment programs
• Obtaining a high school diploma or GED

Illinois Probation Violations

If you do violate the terms of your probation, what happens next is left largely to the discretion of your probation officer. For a relatively minor first-time violation, you may be let off with a written warning. However, for subsequent or serious violations, you may be required to attend a probation violation hearing.

During a violation hearing, a judge will determine whether your actions constituted a probation violation. If the judge determines that you violated your probation, you may face probation extension, new probation terms, or jail time.

Following the rules is a small price to pay in order to keep living on the outside while serving your time. If you’re having trouble meeting your conditions, you can talk with the professionals involved in your case, but understand you are already likely receiving the best options this way.

Still, we’re all human, and mistakes happen. If you’re facing a probation violation, consider involving a defense attorney, who can advocate on your behalf.

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.

Have you been given a probation sentence in Illinois?

Probation is often tacked on to a jail sentence and served after your time in jail is finished. It can also be an alternative sentence to jail time. You can live with freedom on probation – as long as you meet all the requirements under Illinois law.

You probably already know that. You have to follow the rules of your probation, and if you violate them, you can suffer consequences – including having to serve the original prison sentence associated with associated with your conviction.

What if you don’t know exactly what your probation terms are, though? How can someone violate their probation?

In this post, we’re going to cover some of the most common ways that people in Illinois violate their probation so that you can avoid these acts. Remember, though, every probation is a little bit different. If you do not understand the specifics of what is expected of you, consult with a knowledgeable Chicago criminal attorney.

You will face serious consequences if you commit any of the following acts while serving a probation sentence.

Failing to Report

The law requires that you check in with your probation officer and make a report. If you do not report to your probation officer at the scheduled times, you could face severe penalties. You may receive a warning for the first violation, but you should expect legal consequences for any other failures to report.

Failing to Pay

Depending on the circumstances of your case, you may be required to make payments for court fees, fines, or restitution to the victim. Illinois law requires you to pay on time and in full. Failure to pay what you are required is a violation of your probation.

Failing to Complete Other Requirements

The judge may have issued special requirements in your probation sentence, such as completion of courses, counseling, community service, or treatment programs. If you fail to complete the requirements in the time period assigned by the court, you can face consequences for a probation violation.

Failing to Obtain or Retain Employment

In some cases, the judge may require that you find or keep a job while you are on probation. You will need to show proof of work, such as pay stubs, to your probation officer in order to fulfill these requirements. Failing to keep a job or find new work can result in legal consequences.

Failing to Appear in Court

Your probation officer will tell you when you must appear before the judge during your probation sentence. In these required meetings, no one else can appear on your behalf. Failure to appear at these meetings will cause you to be held in contempt of court.

Committing a New Offense

Hopefully this is obvious, but during probation, you cannot commit another crime – regardless of whether it is a misdemeanor or a felony. A violation could mean legal consequences for both the probation violation and the new offense.

Producing Positive Drug Test Results

If your original offense involved the use of a controlled substance, part of your probation requirements may be regular drug screening. If you test positive for alcohol or drugs during these screenings, you will be in violation of your probation terms.

Again, these are not the only ways that someone can potentially violate their probation. Make sure you know the terms like the back of your hand and work hard to follow them – and if you don’t, get in touch with a skilled attorney as soon as possible.

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.

Probation. Parole. Both of them can come with convictions in Illinois. Both of them also come with conditions that can be violated, leading to more trouble for you.

They are not, however, the same, and it is important that you understand the difference. Below, we’re going to break down both of these processes so that you can best prepare and protect yourself to avoid further consequences.

How Are Illinois Probation and Parole Similar?

To sum it up, probation and parole are both opportunities for people to stay out of prison after a conviction.

These sentences, however, do not mean that you get off scot-free. As we touched on above, probation and parole both have rules and requirements that people must abide by in order to finish their sentence. Violating probation or parole terms may result in additional criminal charges and jail time.

How Are Probation and Parole Different in Illinois?

Don’t let the names confuse you. Probation and parole may be similar processes, but they can have very different terms and requirements that you will have to adhere to if they are part of your sentence.

Here are the main differences between probation and parole in Illinois:

When You Can Get Probation or Parole

Probation is often referred to as an “alternative to jail.” If you are convicted of a crime, a judge may sentence you to a period of probation instead of prison.

In fact, if you are convicted of a low-level or non-violent crime, you may be more likely to be put on probation. Two-thirds of all people who are convicted of a crime are put on probation rather than incarcerated.

Parole, in contrast, is often referred to as an “early release from jail.” It’s an option for people who have already served time behind bars. If someone has exhibited good behavior and is eligible for parole, they may have the opportunity to be released early.

Who Determines Probation or Parole

A judge may give you probation at your sentencing trial. Probation terms will be determined, and your probation officer is assigned by the circuit court where your trial is held. If you live in Cook County, for example, you will receive a probation officer who works for the Cook County Adult Probation Department.

Parole is granted by a state parole board. In Illinois, parole is handled by the Illinois Department of Corrections. You will be assigned a parole officer who works directly with the parole board.

People may work with different probation or parole programs depending on the crime that was committed. Parole may require strict drug testing, for example. Probation officers may work directly with sex offender programs to work with people convicted of sex crimes.

Conditions of Illinois Probation or Parole

Conditions of probation will vary based on the crimes involved, but typically involve:

• Regular meetings with a probation officer
• Paying fines, court costs, or restitution
• Completing rehabilitation or education programs

Probation sentences vary depending on the severity of the charges, but typically will not last more than 10 years.

The terms for parole are determined by Illinois state law. In many cases, parolees will have to live at a halfway house where they are more closely watched and monitored. The halfway house may give parolees the opportunity to go out and look for jobs, but the parolee is still serving his or her sentence – just not in an actual prison.

Parole is part of the overall prison sentence. If the person was sentenced to 30 years behind bars, and was granted parole after 24, they will be on parole for six years.

Review and Consequences of Probation Violations or Parole Violations in Illinois

Probation violations and parole violations consist of failing to meet the terms of your probation/parole, including committing a new crime.

If you are accused of violating your probation, you may face additional charges and have to go back to court. Like charges for drug crimes or theft crimes, you will have to present your case.

If you are found guilty of violating your probation, your probation period may be extended or you may have to spend some time behind bars. You have the right to a criminal defense lawyer for counsel.

In the case of probation violations, however, the prosecution does not need to prove that you are guilty “beyond a reasonable doubt.” They just have to prove that “more likely than not” you committed the probation violation.

Parole violations are reviewed by the parole board. There is no jury involved – the decision is made solely by the parole board. If you are found guilty of violating your parole, your parole may be reinstated or you might have to go back to prison and finish your sentence.

Whether you are placed on probation or parole, it is important to understand the terms you must adhere to and the consequences you may face for violations.

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.

Probation allows you to stay out of jail or prison as long as you abide by certain terms given to you at the time of sentencing. The probation period normally lasts between one and five years, depending on your conviction.

Violations of those terms that occur during the probation period will result in further sentencing. If you are facing a probation violation, a skilled Illinois attorney can help you fight your charges using any number of defenses depending on your specific situation. In this post, we’ll list common defenses that may work in your case.

Ways You Can Violate Your Illinois Probation

You can violate your probation in many ways, including the following:

• Committing any new crime, including traffic offenses
• Contacting prohibited people
• Failing to pay restitution
• Failing to submit required paperwork
• Failing to report to your probation officer
• Failing to appear in court
• Testing positive for alcohol or drugs
• Traveling outside your designated area without permission
• Possessing illegal drugs
• Possessing a weapon

Any of these examples, in addition to others, could result in new sentencing.

Defending against a Probation Violation in Illinois

These are just some of the defenses your attorney may employ in your case.

Unlawful Contact by Victim

If you were placed under contact restrictions, yet the alleged victim contacts you, the court often sides with the alleged victim instead of you. An experienced Chicago probation attorney will be able to produce proof that you did not initiate contact and thus did not violate your probation terms.

Sickness, Mental Illness, or Learning Disabilities

If sickness, mental illness, or learning disabilities prevented you from completing a program ordered by the court, the judge may waive or postpone the requirement.

Hospitalization or Wreck

If you could not report to your probation officer due to a wreck or hospitalization, your attorney can show evidence to prove your innocence.

Insufficient Funds

If you were ordered to pay restitution, court fees, child support, or other fines and you are unable to pay, your attorney can use several defenses to show that your financial situation prevents payment. You may be able to work additional community service hours instead of paying a fee, or a partial payment or payment schedule may be worked out with the court.

Positive Drug Test Was False

You may be subject to mandatory alcohol or drug testing while on probation. There are many reasons that drug tests produce false positive results. The equipment may not be calibrated properly or the person conducting the test may have done it wrong. Foreign substances and certain foods can throw off test results. You may have a prescription for the drug that showed up on the test. A knowledgeable attorney will know the best defense to use for a false positive drug test.

Get Legal Help for a Probation Violation

You could face jail or prison time unless you fight against your probation violation charge. A skilled probation violation attorney will help you find the best strategy for contesting your violation.

With an experienced lawyer’s help, you could receive a plea bargain, different supervision terms, or electronic monitoring instead of incarceration. Call today for a free case review. We will work to protect your rights while you are on probation.

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.

If you are convicted of a crime and sentenced to probation, you’re not completely off the hook. Sure, you won’t be putting on an orange jumpsuit, but your probation officer and law enforcement officials will be keeping an extra close eye on you.

This is incredibly important to remember, because if you are caught violating your probation, the penalties you face may be even worse than those from your original charge. Probation in Illinois comes with a variety of terms based on the crime you committed, but if you’re on probation, you can pretty much guarantee that there is something in your probation terms about refraining to commit another crime.

Perhaps someone forgot to tell that to 20-year-old Kiyree D. Collins, because within hours of receiving probation, he was arrested again.

What happened?

Last September, Collins was charged with disorderly conduct for calling in bomb threats to Alton Middle School and Alton High School. He began serving jail time in November when he was arrested. On February 10, he received his sentence for the incident. He was to serve two years probation and he would be released after serving 134 days in jail.

Later that day, Collins was at the JCPenney of the Alton Square Mall. According to police reports, a security guard tried to stop Collins from stealing merchandise from the store, and Collins fought back. Four days later, Collins was charged with aggravated battery. He has since posted bond and has been released, but faces time in court.

Probation Violations in Illinois – Not Always Quite So Obvious

What does this story teach us? Some might say that the lesson is not to get in an altercation with a mall security guard hours after you’ve been sentenced to probation. However, while that lesson is (hopefully) an obvious one to most people, there are plenty of far less obvious ways that people violate the terms of their probation in our state.

As we mentioned earlier, probation is not always the same. After all, it might make perfect sense for someone convicted of assault and battery to have to complete anger management courses as part of their probation, but the same thing probably isn’t the case if a person is convicted of fraud. In some cases, probation may even include things like going to school and getting your GED, or paying child support.

Here’s the frustrating part. When you are sentenced to probation, the judge may or may not tell you all of your probation terms. Something like “don’t commit another crime,” for example, may be omitted because it is very commonly used as a probation term.

What if what the judge thinks is obvious isn’t so obvious to you, though? Luckily, the terms of your probation will be in writing. Your job, then, is to review them as soon as possible. This can be done with your probation officer upon your first or second meeting, but a lawyer may be able to go over them with you even faster.

Penalties for Probation Violations in Illinois

Most likely, when you are sentenced to probation, you have no desire to step in a courtroom again. Unfortunately, probation requires a lot of effort to stay out of jail and prove that you are a law-abiding citizen. If probation terms are not completed, or if you violate your probation, you may feel as though your efforts were a waste of time.

The legal process after you violate your probation is outlined here. If you are convicted of violating your probation, the judge has a few options for sentencing. He or she may not add any additional time or terms to your probation, but instead just give you a warning.

Or they might modify your probation. Modifications, like the original terms themselves, will depend on the probation violation and the original crime that was committed. Less severe penalties like additional community service or rehabilitation programs may also be added.

The last option is for the judge to revoke your probation. When your probation is revoked, you may be sentenced to spend time behind bars. Most probation violations lead to time in a county detention facility, but more serious facilities may be involved if you committed a crime.

When it comes to how much jail time you may serve for a non-criminal violation, a judge will typically look at your original conviction. If you were on probation for a misdemeanor, it is unlikely that you will spend time in prison for more than a few months.

For his probation violation, Kiyree D. Collins may go back to jail within a few days of being released. Jail time is not uncommon for individuals who have violated their probation.

If you have been sentenced to probation, carefully review the terms of your probation with both your probation officer and your lawyer. If you have been charged with probation violations, get on the phone with a lawyer immediately. It is possible to defend against these charges and have them dropped from your record, but you have to act fast.

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.

Violating the terms of your probation is a serious matter. When you break your agreement with the courts, you risk going to jail or prison, incurring heavy fines, and more.

If you have been convicted of a crime, one thing that may happen is that you will be sentenced to probation. During this time period, you are given the opportunity to remain in the community instead of being incarcerated. In exchange, you agree not to breach any of the terms of your probation or break the law.

How Probation Can Be Violated

Probation violations occur when you ignore, avoid, refuse, or otherwise transgress against the terms of your probation while it is still in effect. If you’re not sure about the specific terms of your probation, you should consult with your probation officer.

There are a number of ways that you can violate your probation. Here are some of the more common ways:

• Failing to report to court at a scheduled time
• Failing to meet with your probation officer at a scheduled time
• Not paying a fine or fee laid down by the court
• Visiting specific prohibited places or people
• Leaving the state without informing your probation officer
• Possessing, using, or selling illegal drugs
• Committing other crimes or offenses

What Happens After You Violate your Probation?

Warning or Violation. There is no set process that happens immediately upon violating a term of your probation. Your probation officer may decide to issue you a warning for relatively minor infractions. Alternatively, you could be required to appear in court at your PO’s discretion. A number of factors will weigh into his or her decision to issue a violation, including the severity and circumstances surrounding your transgression.

If you are sent to court for your violation, your probation officer will request a penalty, which might include jail time.

Probation Hearing. In court, a hearing will be held to determine whether your behavior should be considered a violation. The presiding judge will hear your case, and a prosecuting attorney will try to prove that you committed the violation.

The judge will consider the nature and seriousness of the alleged violations, as well as past instances and any other relevant factors. If you are found guilty, then you will receive a new sentence.

Sentencing. Sentencing will happen shortly after your probation hearing. The sentence will be vary significantly based on the nature of the violation. Your probation time might be extended, or new terms may be imposed on your probation.

The judge may also require you to serve a short sentence in jail, or he may revoke your probation entirely. If your probation is revoked, you will be required to serve the remainder of your sentence in jail or prison.

Penalties for Probation Violation

There are no standard punishments or penalties for violations of your probation, and the end result of your violation is largely up to the judge.

For minor violations, there are a number of lighter penalties, like community service, rehabilitation, or corrective programs. In more serious cases, judges may impose a fine or restitution fee to the victims. He or she might decide to send you to jail for a short period of time, or sentence you to serve the rest of your probation in prison.

If you are facing charges for probation violations, you have the right to be represented by an attorney. Contacting legal representation will greatly improve your chances of a desirable outcome.

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.

In Chicago, the punishments you face for violating the terms of your probation are often much worse than probation itself.

Probation is a frequently used sentencing option in Illinois, where a judge orders a defendant who has been found guilty of a crime to follow a set of strict rules for a period of time. Generally, probation requires offenders to act lawfully and responsibly, and comply with a variety of rehabilitation and counseling components. Common probationary terms may include reporting regularly to a probation officer, submitting to drug tests, attending mental health counseling, and participating in community service.

A Probation violation generally occurs when you ignore, avoid, refuse, or otherwise disobey these terms. The penalties for violating your probation depend on many factors, including the seriousness of the violation, the existence of previous violations, and any special circumstances that may be involved. Some of the most common types of punishments for violating probation in Illinois include:

A warning. After violating the terms of your probation for the first time, your probation officer may choose to give you a warning rather than reporting the violation to the judge. Typically this occurs if the probation officer deems that the violation was not that serious. In essence, they are choosing to give you a second chance by simply warning you of the potential penalties if you commit probation violation again.

Time added to your probation. However, if you are charged with probation violation and ordered to appear in court, the judge may decide to add time to your original probationary period if you are found guilty. For instance, if your original probation sentence was one year, the judge may decide to double it to two years after a probation violation.

Requirements added to your probation. Similarly, a court may decide to add further requirements to your probationary sentence, such as demanding that you attend a drug treatment program or anger management counseling.

Fines. The court may order you to pay additional large fines to the court or restitutions to the victims after violating the terms of your probation.

Jail time. If you are found guilty of violating your probation, a court may order you to spend a brief period of time in jail before resuming your probation.

Probation revocation. The court could decide to cancel or revoke your probation entirely, and order you to serve out the remainder of your sentence allowed by law in jail.

New criminal charges. In addition, you may face new criminal charges if the violation of your probation involved a criminal activity. For instance, if the terms of your probation required you to abstain from drug use, you could face both probation violation charges and drug charges if you are found in possession of marijuana.

If you have been charged with probation violation in Illinois, you have the right to the guidance and representation of a top probation violation defense attorney. Your defense attorney can help you understand your rights, and examine the circumstances of your unique case to determine any potential charge reductions or alternative sentencing options.

If you have not yet been ordered to attend a probationary hearing, your lawyer may be able to speak with your probation officer to persuade him or her to let you off with a warning. And if you are required to appear in probation violation court, your defense attorney can defend your rights and freedom with compassion, aggression, and expertise.

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.