Probation Violation Defense

Bloomington Criminal Defense Attorneys

In Illinois, the state may impose a probation against you instead of jail time upon conviction for a criminal offense. While on probation, you can “live a normal life” instead of being stuck in prison but you must adhere to strict rules and guidelines set by the court that issued the probation. If you are accused of violating the terms of your probation, you could be facing a whole new set of penalties, sometimes more severe than those implemented for the original crime.

If a law enforcement official has claimed that you have violated your probation, it is not the end of the line. They will need to prove that you have through an official hearing. Do not go into such an important matter alone. Retain a Bloomington & Normal criminal defense lawyer from Johnson Law Group and our team can shield you from further harm to your rights and reputation.

What Might Lead to a Probation Violation?

When you are issued probation, there is usually an entire list of dos and don’ts that you must strictly follow, or face the legal consequences. Trouble can quickly arise for you if you do not fully understand all of the conditions you must meet, or the situations you must avoid. There are plenty of cases where they are not clearly described to the convicted and they must do their best to stay out of trouble. A completely innocuous activity, or a circumstance that could not be prevented, could inadvertently cause a probation violation, and yet the state will hold it against the potential violator as if they had criminal intent in mind.

Reacting to Petitions to Revoke

Most of the time, you will not even know that you have allegedly violated your parole until a police officer comes around with handcuffs. When a prosecutor has reason to suspect you have violated your parole in some way, they can file a petition to revoke, which permits the creation of an arrest warrant and schedules your probation violation hearing. At this hearing, the prosecution carries the burden of proof to show that you have violated your parole but you still need to be ready to defend yourself. If the hearing does not go in your favor, you could be sent to jail and serve out whatever time remains on your original sentence, and face additional punishments.

Reminder: It is important for you to not resist arrest in any way when presented with a petition to revoke, as this could constitute a crime in and of itself and trigger your parole’s violation.

Aggressive Legal Representation You Can Count On

During your parole hearing, you maintain many of the same rights as you had during your criminal trial. You can present a case with evidence, have an attorney present, and so on. To ensure you are not further penalized by the criminal justice system, you must be prepared to make a strong case for yourself at this hearing.