Probation Violations

The Belleville, Illinois law firm of Lyndon P. Evanko, P.C. works to have clients released on probation whenever possible, and represents probationers in hearings and proceedings regarding charges of probation violations.

What is Probation?

A person who is convicted of a crime may be sentenced to jail, but may have that sentence suspended and be sentenced instead to a period of probation, during which time the person is free in the community, subject to the conditions imposed by the probation.  

Illinois statutes favor probation over jail time, unless imprisonment is necessary to protect the public or because the seriousness of the offender's conduct warrants imprisonment.  A related status, known as supervision, is also available in limited situations.  A disposition of supervision does not involve an actual sentencing, and the offender would not have a criminal conviction record following completion of the supervision period.  When available, supervision is therefore preferable to probation or conditional discharge.

Conditions of probation must be followed.  Violating any criminal statute, failing to appear before a probation officer, or leaving the state without consent, are all probation violations. 

Procedure and Process

A probationer can be arrested in some instances for violating probation.  Usually, however, an order or summons will be issued requiring the person to appear at a hearing.  Even if arrested, the accused may usually be released on bail until the hearing.  At the hearing, the state has the burden of proving a violation by a preponderance of the evidence.  This is a much lower standard than the "reasonable doubt" standard required for a criminal conviction.  Basically, the state must prove that it is more likely than not that the probation was violated.  The accused is entitled to certain rights at the hearing, including the right to confront and cross-examine witnesses, and to be represented by counsel.

If found guilty of probation violation, the court may:

• continue the existing sentence
• modify or enlarge the conditions of probation
• impose any other sentence that was available at the time of initial sentencing. 

Intermediate Sanctions

The state has adopted a wide range of intermediate sanctions that can be imposed between probation and imprisonment.  Instead of filing a violation of probation, the supervising agency may serve defendant a Notice of Intermediate Sanctions.  This Notice shall include the technical violation or violations alleged, the date or dates when they were committed, and the sanctions to be imposed for the violation(s).  The defendant must immediately accept or reject the sanctions.  If accepted, they are imposed immediately; if rejected, a probation violation is immediately filed with the court.  A Notice of Intermediate Sanctions cannot be issued when the probation violation is something which could warrant a separate felony charge. 

Modifying Probation

The conditions of probation may also be modified by the court on the motion of the supervising agency, on its own motion, or at the request of the offender after notice and a hearing.

If you have been charged with a probation violation or seek to have the conditions of your probation modified, contact Lyndon P. Evanko, P.C.  today or call us at (618) 397-1997 to speak directly with an experienced criminal law attorney.