Belleville Probation Violation Lawyer

Probation, while allowing you to remain outside of the Illinois Department of Corrections, does not necessarily mean you're free to act or move as others do. Almost all instances of probation impose conditions or requirements on the individual to do, or not do as the case may be, certain things during the term of probation. Failure to adhere to the Court's directives can lead to the filing of a petition to revoke probation, and that means you’ll be called back before the Court.

With a lower standard of proof than the prosecution is required to meet in criminal charges, it is imperative that you be guided and represented through this process by an experienced criminal defense attorney familiar with probation violations.

The Conner Law Firm defends against petitions to revoke probation in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois, fighting to keep you out of prison.

Types of Violations

Violating probation in Illinois is a serious issue that can be put into two categories: technical and substantive. Technical breaches focus on non-compliance, while substantive offenses relate to new crimes committed during the probation period.

Technical Probation Violations

A technical probation violation happens when you fail to follow the rules that were outlined by the court for your probation. This type of violation may be issued if you test positive in drug or alcohol tests, miss an appointment with your probation offer, violate time restrictions if imposed, fail to pay fines, travel without obtaining permission, or associating with prohibited persons.

The consequences of a technical violation can be as strenuous as the court sees fit. Often, the court modifies probation by implementing stricter terms. The court may impose additional or modified terms, such as requiring you to wear an electronic monitoring device, go into drug treatment, or issue mandatory community service hours. It’s a gamble you don’t want to take, even if it’s your first time.

Substantive Probation Violations

A substantive probation violation happens when you commit a new crime while you’re still on probation. Probation violation penalties in Illinois will be imposed, and one of the most common consequences is losing your probation. Generally, when a probation violation is found to have occurred, the Court can sentence you to any period of incarceration that was originally available when you were given probation. This new sentence could place you in jail or prison for an extended period of time, disrupting the life you have maintained while given the chance at probation.

What Happens When You Violate Probation?

If you violate your probation, then your probation officer will file a report that details the violation committed. The court then issues a summons for you to appear or a warrant for your arrest. You’ll then have a violation hearing, and the state is responsible for proving the violation.

The judge has the authority to restore, modify, or terminate your probation and impose prison time. A Belleville probation violation attorney is essential to help keep you out of prison when you’re facing this scenario.

Revocation Hearings

If you violated the terms of your probation, your probation officer may file a petition to revoke your probation with approval of the prosecutor, and the judge will then either issue a summons for your appearance, or a warrant for your arrest.

At hearing, you are entitled to counsel, but the counsel you choose and the approach or strategies they employ will have a significant impact on the outcome of your probation revocation hearing. Both you and the prosecution will be allowed to call witnesses to support or contest the allegations within the petition to revoke probation. At the conclusion of the hearing, the Judge will determine whether the prosecution has proved your violation by a preponderance of the evidence, and decide whether further or substitute sentence should be imposed.

With her experience handling contested petitions to revoke probation dating back more than a decade, Ms. Conner has the knowledge and experience to handle the hearing on your petition to revoke probation with a goal of minimizing the disruption to your life.

Defense Strategies

A strong and strategic defense is the only way to handle the challenges that come with probation violations. Here is how The Conner Law Firm can fight for you:

Challenging Evidence of Violation

By focusing on the accuracy of the evidence presented by the probation officer, your Bellville probation violation attorney can challenge these accusations. Testing errors often come up for drug and alcohol tests, and we evaluate the chain of custody or look for faulty equipment. False positives are also possible when taking legal prescription medications from your doctor.

Gaps in documentation by probation officers, data management system failures, and other administrative errors or failures can leave probationers facing allegations of missed meetings, or lack of compliance with treatment or other obligations. Having an attorney that can guide you through the allegations against you is the best avenue to showing compliance with the terms of your probation, and keeping you out of prison.

Showing Substantial Compliance

Another way is to argue that although a technical violation did occur, you strictly adhered to all other rules. For example, if you missed one appointment but over all these months you attended dozens of them like clockwork, it can demonstrate good faith. This shows that your violation was a small oversight rather than a pattern of recklessness and it is often enough to convince the judge to overlook the error.

Mitigating Circumstances

Even people who are not on probation face challenging circumstances in their daily lives, and those who are on probation are not an exception to these kinds of scenarios. A medical emergency with medical records or a doctor’s note can excuse the missed time or a conflict with employment can all explain why the probation officer was not notified in time.

Proposing Modified Conditions Instead of Revocation

There are some cases where arguing against the violation isn’t in your best interests. Instead, a proactive strategy can work by asking the court to adjust the terms of probation for your future success. For example, if drug tests were failed and were accurate, we can seek to have you enrolled in a new drug treatment program.

Often, when it’s a first probation violation, we can seek to have the terms modified and judges tend to agree it’s more appropriate than prison time.

Contact The Conner Law Firm

If you are facing a petition to revoke probation before a court in St. Clair, Monroe, Madison, or elsewhere in southern Illinois, call 618-277-2421 immediately to speak with The Conner Law Firm.

The Conner Law Firm fights for your rights in every courtroom in Southern Illinois. Led by former prosecutor Erin K. Conner, your strategic defense is backed by her over 15 years of trial experience and insider knowledge of how prosecutors build their cases.