Getting arrested on new charges is a common form of probation violations. Other than that, what we commonly see are people who have conditions of probation that they just haven’t completed. For example, maybe they didn’t report to the probation officer, or they were required to take drug tests and they didn’t show up for those. They also could have failed to complete community service or a drug or alcohol treatment program. Maybe they didn’t pay their fines.
Any probation condition that you were assigned, and that you have not completed could technically be a violation of probation. Contacting our criminal defense attorney in Illinois is beneficial to acquire more information about your case. You always have the right to have your own lawyer present, and a violation of probation should be treated as seriously as if you were arrested on a new case. This is because the judge has the power to resentence you to any sentencing options that were available on your charge to begin, with including jail or prison time. It’s not just something that you want to handle by yourself, because there’s a lot at risk and The MacNeil Firm is here for you.
What happens when you violate your probation?
It’s possible to be arrested on the spot for probation violations. You should expect to have to post some type of bail, particularly in a felony case. It’s rare to have no bail set for a probation violation. This means that there is some amount of money that you can post that would allow you to get out, but sometimes a judge will take you into custody on the first day of the violation. That’s where it is important to have a good criminal defense attorney. At The MacNeil Firm, we can work to avoid any unnecessary detention and excessive bail fees.
When you are charged with a probation violation, you are going to receive a letter explaining the violation, and advising you of your court date. With some misdemeanor cases, and with most felony cases, if you receive that letter then you should expect that on that court date, the judge will conduct a bond hearing for the term. You’ll receive a notice in the mail that you’ve allegedly violated your probation, and that you must appear in court on a particular date. Usually that court date’s within a month of receiving that letter, but sometimes it might only be a week or two later.
At the first hearing, we are generally advised of the nature of the probation violations. In other words, what you did or didn’t do to violate the terms of your probation. A bond hearing is generally held as well. From there, we frequently will ask for a continuance, just to see if we can remedy the situation causing the violation-such as paying the fines, or completing community service or treatment.
The Prosecution’s role when probation violations occur
The probation officer really takes the lead during these hearings, and reports to the judge the facts that have led up to the evaluation being filed. Technically, the prosecutor is prosecuting the violation, but it’s the probation officer that is more involved than the prosecutor. This is because they are the one telling the judge that the person on probation did this, or didn’t do that. If it comes down to a hearing, then the prosecutors would be involved, but up to that point the probation officers take the lead.
The MacNeil Firm provides professional and personal representation. Contact us today.
For more information on probation violations In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling our Criminal Defense attorney in Illinois at (708) 218-0947 today.