After being charged with a crime, probation stands as a chance to avoid jail time and continue with one’s life under specific conditions. But what happens if these conditions are violated? Particularly in the state of Illinois, understanding the repercussions of such actions is crucial. Our attorneys at the Law Offices Of Jonathan Minkus are committed to helping our clients understand their situation and take the necessary steps to protect their rights. If you allegedly violated your probation order, contact our attorneys at the soonest opportunity for a case evaluation.
The Nature of Probation
Probation represents an alternative to incarceration, allowing convicted individuals to serve their sentences within their communities rather than behind bars. This arrangement, however, comes with a set of strict requirements, which may include meeting with a probation officer, attending rehabilitation programs, or avoiding further legal trouble. The violation of these terms can trigger serious consequences.
Probation Violation: The Process
If you’re accused of violating your probation, the court initiates a process that begins with receiving a notice of violation. How this accusation arises can vary. For those on unsupervised probation, a run-in with the police can lead to an arrest and subsequent violation charge. Those on supervised probation, monitored by a probation officer, can face accusations from the officer themselves. Once a violation is filed, you’re summoned for a hearing. Ignoring this summons can result in an arrest warrant.
The Probation Violation Hearing
The purpose of a probation violation hearing is to determine whether a violation indeed occurred. At this hearing, the burden of proof lies with the state. They must demonstrate, through a preponderance of evidence, that you’re more likely to have violated probation than not. It’s important to note that you aren’t required to prove your innocence.
The aftermath of a validated probation violation varies. A judge could release you without any further consequences, allowing you to continue serving your probation sentence. Alternatively, they might adjust the terms or length of your probation. In severe cases where a significant term of probation is breached, a judge may revoke your probation entirely. They can then impose any sentence that was available for your original crime.
Defending Against Probation Violation Charges
While the process might seem daunting, it’s important to remember that you have legal defenses at your disposal. The precise defense strategy will depend on the specifics of your case and your criminal record. In some instances, the prosecution might be open to negotiating the severity of charges.
Contact Our Criminal Defense Attorneys
When faced with a probation violation charge, obtaining experienced legal representation is essential. Navigating the complexities of a probation violation charge can be overwhelming, but with the right legal guidance, you can effectively challenge the evidence against you and safeguard your future. Trust the Law Offices Of Jonathan Minkus to provide the representation you need during this challenging time. Call today for a consultation.