Probation violation occurs when a person charged with a crime, who has been released to the public under specific probation terms, violates the terms or conditions of that probation. The penalties for violating probation depends on numerous factors including the nature and seriousness of the violation, whether the violator has a past violations, and whether there are other factors that could lessen or worsen the consequences.
Warning or Court Appearance – there is no specific rule that determines what occurs immediately after probation is violated and reported; probation officers have broad discretion to issue a warning or require a violator to appear in court.
Determination of Violation – should an accused have to appear in court, a judge will hear evidence to consider and determine whether or not probation was actually violated. Factors a judge will consider include history (or lack thereof) of prior violations, other aggravating or mitigating factors, as well as the nature, type and seriousness of the alleged violation.
Sentencing – if an accused is found guilty of violating probation, sentencing occurs shortly after a hearing. A court may extend probation, impose additional terms, order a brief jail sentence, or revoke probation completely and require the offender to serve the remaining time of the original sentence.
If you or someone you know is facing probation violation charges, knowing your rights under the law helps to minimize and possibly avoid further consequences. Some of the rights an individual accused of violating probation terms includes the right to:
There are several ways in which a violation of probation occurs. Circumstances may include failing to appear at a scheduled court hearing or probation meeting, traveling out of state without prior permission, refusing to pay required fines or restitution, committing or being arrested for other crimes, or possessing and/or selling drugs.
If you or someone you know has been charged with violating probation – or is any facing any other criminal charges – contact a knowledgeable Chicago consumer probation violation defense lawyer today. Attorney Steven Goldman has been advising clients across Illinois for years. Call (773) 484-3131 or (847) 215-2600 today to learn about your rights and schedule an initial consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Learn more about DUI by reading this wikipedia page.