What Happens If I Violate Probation in Illinois? Violate probation in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses probation violations and petitions to revoke in Illinois. If you violate probation in Illinois, the court may schedule a probation violation hearing to determine whether the terms of your probation were broken. Violations can include missing court dates, failing drug tests, not completing required programs, or committing a new criminal offense. If the judge finds that a probation violation in Illinois occurred, the court may impose additional conditions, extend probation, or revoke it entirely. Understanding Illinois probation violation laws is critical if you are facing allegations that you violated the terms of your probation.
Interview Transcript
Scott Michael Dunn: What happens if I violate probation in Illinois?
Joshua Boardman: So what the state’s attorney will do is file what’s called a petition to revoke. If you’re placed on probation then a lot of times the state’s attorney or the court is going to implement conditions of that probation. Do you have to take anger management courses? Do you have to do community service? Do you have to go to a treatment facility? Different things like that. You have to pay fines. And if you violate those, then the state’s attorney has the ability or if you don’t comply, the state’s attorney has the ability to file a petition to revoke probation where they are going to be seeking to remove that case from probation status and implement some other type of sentencing under the statute. And obviously as a defense counsel you want to be able to explain perhaps it was an innocent mistake, why perhaps it was a procedural issue or a technical violation or perhaps the defendant received new charges that you didn’t want to negotiate as part of a global resolution for all the cases. But it’s really the state’s attorney’s desire to pull that defendant from probation and exercise usually more significant penalties under the statute.
