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.

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.

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.