What Is a Probation Violation
Probation violations occur when a probationer commits a new crime or disregards the guidelines and restrictions of their probation at any point throughout the period. Sometimes, offenders forget that they are still bound by many of the same restrictions associated with a jail term even though they are not legally in jail. Offenders have the chance to deal with the underlying problems that fueled their illegal activity. This could be attending mental health or drug rehab centers, receiving educational or professional training, and volunteering.
One of two things will happen if you commit a 2nd offense: either your officer will issue a violation report or will issue a warning. Usually, warnings are only given for smaller infractions, like skipping a weekly meeting or submitting an employment verification form after the deadline. When your officer calls to remind you of your restrictions, they will forgive your mistake if you take care of the problem.
On the other hand, the officer will compile a report on offenses that are more serious or persistent and provide it to the sentencing judge. The report will detail your growth and adaptation, enumerate your infractions, and offer a suggested course of action.
Legal Consequences of Violating Probation in Illinois
Following a criminal conviction, probation is considered one of the better possible sentences. You usually commit a violation when you reject, evade, disregard, or act in another way against the terms. The severity of the crime, whether prior ones have occurred, and any relevant, unique circumstances are only a few factors that determine the consequences of failure to comply with probation. Possible legal consequences may involve:
- Jail Time
A judge may impose a temporary jail sentence prior to the reinstatement of absconding parole if you are found guilty of breaking it. The court may apply a probation revocation jail time and mandate that you serve the remaining time in prison permitted by law.
- Extending Probation
Should you be found guilty, the judge may extend the period if you appear in court. For example, following a violation, the judge may double your sentence from the initial one year to two years.
- Additional fines
If you break the terms of your parole, you can pay more fines. You can be required to provide restitution to compensate for any losses incurred by the victim of your probation breach.
Legal Process and Defense in Probation Violation Hearings
A criminal defense attorney like Sergei Kuchinski, who specializes in deferred adjudication probation violations, should be consulted by anyone facing this charge. The lawyer working on the case has a wide range of options for debate. The judge will examine the paperwork submitted by the Adult Probation Department for an initial court appearance to ascertain the reasons behind the Department's belief for possible sentencing.
After that, the judge will decide whether to issue a bond for your probation breach. Numerous factors will determine whether a bond is required and how much it will cost for a violation. One important consideration would be if you are being represented in court by an experienced lawyer. Your lawyer will ensure that the court either sets no bond or sets it at a low level to allow you to be freed, return to your family, and resume working toward successfully finishing your probation. At the hearing, Kuchinski Law Group will employ any of the following defense strategies:
- Refuting any allegations where the conditions of probation have been followed. Our lawyer could speak with witnesses and look into other aspects of the crime to find out where the prosecutor's false charge came from.
- Demonstrating that the order violation resulted from an unintended oversight, such as skipping a court date or an officer meeting. We can demonstrate that the offense was unintentional, and there won't be any more sanctions.
- Establishing a justifiable explanation for the offender's inability to reimburse the victim for fines. A family or financial emergency or the loss of one's job are acceptable justifications. A revised payment schedule might be decided upon rather than further fines in these situations.
Tips and Guidance for Successfully Completing Probation
You are relieved that you will not go to jail after being placed on probation. Remember that you are not yet free. You risk revocation and possible jail sentence if you break the terms and conditions.
It takes self-control, accountability, and a resolve to change. Here are some tips and guidance to help you avoid future violations:
- Active Communication: You need regular communication with your probation officer. Inform them of any changes in your life, including new jobs, residence, or relationships.
- Avoid criminal exposure: Avoid finding yourself in a situation where someone else might be breaking the law.
- Following the Terms: Review and memorize the terms. Feel free to ask the officer in charge if you have any questions. Give careful consideration to each of the probationary terms.
- Keep a calendar: It might be helpful to create a schedule outlining the requirements and their deadlines.
It is not a coincidence that many people successfully finish their probation and supervised release terms. All necessary attention must be directed towards monitoring the terms and conditions of your release guidelines.
Get Professional Assistance from Kuchinski Law Group
Remember, the earlier you seek out qualified legal counsel, the better. To minimize the potential consequences of a probation breach, an experienced attorney can assist you in navigating the legal system and advocating for your best interests.
Contact Sergei Kuchinski if you have been summoned to appear at a hearing on a suspected probationary violation.
