Will I Be Sent to Jail for Violating My Illinois Probation?

 Posted on September 09, 2024 in Probation Violations

If you are convicted of a crime, probation is probably your best-case scenario. You will be limited by legal restrictions dictating where you can go and what you can do, but you will not need to serve time in jail. This is only an option for people convicted of crimes that are not violent and therefore do not pose a risk to public safety.

When someone is sentenced to probation, they need to abide by various rules and requirements. They can end up in even worse trouble if they violate the terms of their probation. If you are accused of a probation violation, speak with an experienced Aurora, IL criminal defense attorney to understand your options.

How Does Probation Work?

Every probation term is different, depending on the crime in question, the specific person accused of the crime, damage caused by the alleged crime, and other factors. However, some common features of a probation term include:

• What you need to do: You generally need to follow all laws; find stable, legal employment; report to your probation officer regularly; attend treatment for mental health issues or addiction; do community service; and submit to drug or alcohol tests.

• What you are not allowed to do: You will likely be prohibited from leaving the state of Illinois and owning or possessing firearms. You may be required to stay sober.

• What you need to pay for: You might be required to pay restitution for your alleged crime, including a victim’s medical expenses, property damage, and lost wages.

What Happens at a Probation Hearing?

When you are under probation, you are assigned a probation officer who monitors your conduct and ensures that you follow the rules. If that probation officer believes you have violated those terms, you will probably be summoned to a probation board hearing to determine how to proceed. There are several possibilities for what might happen if you are found guilty of violating your probation, including:

• Nothing changes: If no one was harmed by your alleged violation and you can convince the court that you will not violate your probation again, it might decide to maintain your sentence without change.

• Modification: The court might let you remain under probation rather than in jail but with modified terms. You might be subject to stricter requirements and restrictions.

• Revocation: The court might revoke your probation and instead sentence you to prison time. The severity of your sentence will be based on the nature of the original offense and your alleged violation of your probation terms.

Schedule a Free Consultation with a Kane County, IL Probation Violation Defense Lawyer

If you are accused of violating the terms of your probation, speak with a seasoned Aurora, IL criminal defense attorney who can help build a strong case to protect your rights. At The Law Office of Brian J. Mirandola, we are dedicated to ensuring our clients can move past mistakes and misunderstandings and move forward with the next chapter in their lives. Call us at 847-488-0889 to schedule a free consultation.