Probation Violations Lawyer in Southern Illinois

Probation Violations Lawyer in Southern Illinois

Although you’re subject to many conditions and restrictions, probation allows you to live at home and earn a living during your sentence. If your probation officer accuses you of probation violations, you may have to attend a hearing to determine whether you must serve jail or prison time.

The attorneys at Combs Waterkotte have six-plus decades of experience helping people facing incarceration. We can work with the probation office and court to fight for your freedom.

Probation as a Sentencing Option in Illinois

Probation is referred to in some states as “community control.” This description captures the idea behind the practice. Courts, prosecutors, and legislators acknowledge that some individuals convicted of criminal offenses need not be incarcerated to serve the state’s goals of public safety and rehabilitation.

As an alternative to imprisonment, probation may be an appropriate option for offenders convicted of non-violent crimes or minor offenses. It can be ordered for those convicted of a first offense or those who presented mitigating circumstances to explain their actions.

Illinois doesn’t leave all sentencing decisions to judges. Specifically, state law prohibits probation for the following offenses:

• Criminal sexual assault
• First-degree murder and attempted first-degree murder
• All Class X felonies
• Manufacturing or delivering to a minor at least five grams of fentanyl
• Trafficking at least three grams of heroin
• A Class 1 felony for anyone with a prior Class 1 or higher felony conviction
• A Class 2 or higher felony sex offense or gun violation with a prior Class 2 or higher felony conviction
• Residential burglary, except in limited situations
• Aggravated battery of an elderly person
• Violent felonies associated with gang activity
• Vehicular hijacking
• Theft of property exceeding $500,000 in value

Illinois law also imposes mandatory minimum sentences for some crimes, requiring judges to forgo probation as a sentencing option.

Illinois Statutes Addressing Probation Violations

When judges have the authority to sentence someone to probation, their sentencing order must include the conditions of the probation and any restrictions on the offender. Under Illinois law, judges must impose the following conditions:

• Not commit any criminal offense in Illinois or elsewhere
• Report in person to the assigned probation officer
• Obtain court permission to leave the state or the approval of a probation officer in emergencies
• Receive visits from the probation officer at home or elsewhere, such as work

Judges will also impose special conditions on people convicted of certain offenses.

• Those convicted of felonies or misdemeanor assault or battery cannot possess a firearm or dangerous weapon.
• Individuals convicted of criminal gang activities must perform between 30 and 120 hours of community service while serving probation.
• The court may order anyone 17 or older without a high school diploma to attend educational courses to graduate from high school or pass a high school equivalency test.
• Suspects convicted of drug possession may be ordered to undergo substance abuse treatment and pass drug tests during their probation.

Anyone convicted of a sex crime may be ordered to do the following while on probation:

• Register as a sex offender according to the state’s registry procedures
• Complete sex offender treatment
• Not live in the same housing complex as other sex offenders
• Not communicate via the internet with any unrelated person under 18
• Not use any Internet-connected device without approval from a probation officer
• Submit electronic devices for examination
• Install monitoring software on all internet-connected devices
• Not use any social networking websites
• Not participate in holiday activities for children

Those convicted of violent crimes, including assault, aggravated assault, battery, and domestic violence, must turn over their concealed carry cards and all firearms.

Procedure for Addressing Southern Illinois Probation Violations

Probation violations occur when a probationer fails to meet the imposed conditions or performs a prohibited act.

Typically, the probation officer is the one who discovers the violation. The statute doesn’t require the officer to notify the court. Thus, they have some discretion to deal with minor technical violations administratively rather than judicially.

When this happens, the officer provides the probationer with a Notice of Intermediate Sanctions. The offender must either accept or reject the sanctions. If they reject, the officer will report the probation violations to the prosecutor’s office.

Probation officers are required to report serious violations, such as an arrest for a new offense. The procedure starts when the officer reports the probation violations to the prosecutor’s office. Prosecutors then file a petition charging the offender with violating a condition of their probation.

The court can order the offender to appear at the probation office or in court. The court can also issue an arrest warrant if prosecutors allege that the offender may flee the state or try to harm others. If the offender is arrested, the court will release them until their hearing unless the violation arose from new criminal charges.

The sentencing judge will hold a hearing to determine whether the violation occurred.

Prosecutors bear the burden of proof in establishing probation violations. However, they don’t need to prove them beyond a reasonable doubt. Instead, they only need to show that their case is supported by a preponderance of the evidence—meaning it’s more likely than not that the violation occurred.

If the court determines that one or more probation violations have taken place, the judge can continue the probation, modify the conditions, or revoke it entirely. If the judge revokes probation, they can impose any sentence available at the time of the conviction.

In most cases of revocation, the judge will simply impose the sentence that was suspended in favor of probation. For example, suppose that you received a two-year prison sentence that was suspended in favor of four years of probation. If you violated your probation, the judge could send you to prison for two years.

Possible Defenses Against Probation Violations in Southern Illinois

The probation rules are set up to minimize your defenses against probation violations. You’ll be notified of the conditions of your probation in your court paperwork. Additionally, your probation officer will review them during your first in-person meeting. Consequently, you can’t assert that you were unaware of your conditions.

Moreover, during your probation, you lose your right to object to warrantless searches. Your probation officer can search your body, vehicle, or home at any time for any reason.

However, there are still a few criminal defense strategies your Southern Illinois defense lawyer may use to help you avoid sentencing for your underlying conviction, including the following:

Lack of Intent

Although lack of knowledge generally isn’t a viable defense, lack of intent might be.

For example, let’s say your probation officer found a smartphone under your car’s seat in violation of your conditions as a sex offender. You could argue that the phone wasn’t yours and that it was left there by a passenger. As such, you lacked the intent to possess or use an unapproved device.

Overcoming New Charges

If your probation violation arose from new criminal charges, you may be able to preserve your probation by beating the new case.

The exact criminal defense your attorney presents will depend on the offense and the evidence against you. If you beat the new charges, your lawyer can argue that the arrest didn’t violate your probation for the old charges.

Common Probation Violations in Southern Illinois That May Trigger a Hearing

Since the conditions of your probation depend on your offense, the violations that could result in a revocation or modification hearing can vary. Here are a few common violations: