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Second Chance Probation FAQs

Posted on in Criminal Defense

b2ap3_thumbnail_probation.jpgEveryone makes mistakes. Some are small and some can be life altering. While we cannot go back and change what has already been done, we can, however, learn from our mistakes and move on. This theory is the driving force behind Illinois’ Second Chance Probation, a probation alternative to a conviction.

What Is Second Chance Probation?

For those clients who have never been in trouble with the law before, there may be a multitude of foreign legal terms to learn. Second Chance Probation should be something you push to the top of your list to research. Under certain circumstances, those who have never been previously convicted of a felony offense, or granted a special diversionary program in lieu of another punishment, may be eligible to receive this special probation. If the probation period is completed and all of the terms have been met satisfactorily, then a conviction will be withheld.

Who Is Eligible?

As previously mentioned, this allowance is only granted to those who meet specific requirements. In addition to being the first offense, the probation is limited to only certain cases approved by the State’s Attorney’s office. The cases that qualify are:

  • Class 4 possession of a controlled substance,
  • Class 4 possession of a methamphetamine,
  • Certain classes of theft and retail theft,
  • Certain classes of criminal damage to property, and
  • Class 4 possession of marijuana.

What Convictions Eliminate Eligibility?

There are several convictions that would not be eligible for the Second Chance Probation. These include but are not limited to:

  • Violent crimes as an adult,
  • Violent crimes adjudicated as a juvenile, and
  • DUI conviction.

What Terms Must Be Met?

The court is at liberty to determine what the terms are for the probationary period. If all the requirements are successfully fulfilled, there will be no conviction and the case will be dismissed. Some of the more frequently ordered fulfillments are:

  • Twenty-four month probationary period,
  • No violation of probation in any state,
  • Refrain from firearm possession,
  • Pay full restitution to the property owner,
  • Obtain employment,
  • Attend school,
  • Submit to regular drug testing, and
  • Community service.

If you have been charged with a crime and it is your first offense, you may be at a loss of what to do. Second Chance Probation may be a viable option for you and is worth researching. If you are interested in discussing your case and defense options with an aggressive Maywood criminal defense lawyer, contact Stringini & Garvey, P.C. today at 630-834-9595 to schedule your free initial consultation. We also serve clients in Glendale Heights, Lombard, Bloomingdale, and all surrounding Chicagoland areas.



Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.4

http://www.icjia.state.il.us/cjreform2015/pdf/R&A%20Community%20Corrections%20Subctte%2005262015.pdf


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