Probation and Parole Violation Attorneys Serving Maywood, IL
Dupage County and Cook County Sentence and Parole Violation Lawyers
In Illinois, the vast majority of first-time offenders receive 24 months of probation in lieu of jail time. In a similar fashion, offenders who are sentenced to jail or prison are often released before their sentences expire. In both these situations, the defendants typically remain under the jurisdiction of the court or penal system, and there are significant restrictions placed on their liberties. A violation of these restrictions could mean a return to jail or prison. In some cases, a person could be re-sentenced even if the original term had already expired.
During their 65 years of combined experience, the attorneys at Stringini & Garvey, P.C. have handled hundreds of violations cases. Whether the state filed a motion to revoke based on the violation of a mandatory or discretionary condition, we thoroughly investigate the case and then aggressively fight for your rights.
Conditional Discharge in Illinois
According to Illinois law (720 ILCS 410), there are four conditions of probation that apply to all probationers, and an additional seven conditions that may apply to specific types of cases. The mandatory conditions include:
- No Further Violations: The statute does include any violation in any jurisdiction, so an out-of-state offense may trigger a motion to revoke.
- Weapons: A probationer may not possess a firearm or other dangerous weapon; however, the statute is silent as to the ownership of these weapons under some circumstances.
- Substance Evaluation: The court may order an unlimited number of drug tests (three is the minimum number) and the probationer must pay the cost of these tests.
- Community Service: There is a 30-hour minimum, in most cases. In most cases, the service must be performed in a state-sanctioned manner; volunteer work at a church or other private organization may not be counted.
In addition to the four mandatory conditions, courts nearly always impose at least one of the following additional conditions:
- Regular reports to a probation officer,
- Timely payment of fines and costs,
- Continuous employment or enrollment in school,
- Adherence to a psychiatric or medical treatment plan dictated by the Illinois Department of Human Services,
- Residence in a halfway house, with parents, or in a foster home,
- Support for dependents, and
- Abstinence from any illicit drug.
Failure to comply with any condition of probation is grounds for a motion to revoke probation. Parole violations are dealt with in a similar manner, except that the hearing may take place before the parole board as opposed to the sentencing judge.
At the hearing, essentially the only relevant issue is the defendants behavior while on supervised release. Anything pertaining to the guilt or innocence of the underlying offense is immaterial. There are also some procedural safeguards to consider; for example, a motion to revoke based solely on nonpayment of fees is arguably illegal under the Fourteenth Amendment. It is important to note that a finding of true does not necessarily mean a return to jail or prison. Many times, the period of supervised release is extended, or additional conditions are imposed.
For prompt assistance with your probation or parole violation, contact Stringini & Garvey, P.C. at 630-834-9595. We assist clients in DuPage County, Cook County, and throughout the entire Chicagoland area. Se habla Español.