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Is Probation Violation A Bondable Offense?

In Illinois, yes, probation violation is a bondable offense. However, the judge can set whatever bond he wants, so he can make it much higher than it might have been originally. In Wisconsin, no. You have to sit in jail until the whole thing is done.

How Do You Prepare Clients For A Probation Violation Court Date?

At this point, there is something very clear and discernable our clients have done wrong. Sometimes you can rectify this, and sometimes you can’t. For example, if the client has tested positive for drugs, we can’t rectify it. We can hopefully come back in a different time, when the person tests clean and try to mitigate it at the time. We will tell the judge that it was a one-time thing where the client fell off the wagon, but since then they have tested negative for drugs. Keep in mind that every judge is different. Some of them don’t care if you rectify it, they’re going to say that the client was given one chance and blew it, so now they are going to face some consequences.

What Typically Takes Place At The Revocation Hearing?

The course of a revocation hearing depends if it’s contested or not. For example, if the prosecutor is saying that our client has committed a new criminal offense, they still have to prove this to a judge’s satisfaction. On the other hand, if it’s something like the client testing positive for drugs, there’s nothing you can do. You’re not going to have a hearing, you have to try and work the thing out.

Is The Prosecution Involved At All During This Time? What is The Role Of The Probation Officer?

The probation officer will send the information to the prosecutor, and the prosecutor still has to present the allegations to the judge’s satisfaction, meaning proof beyond a preponderance of the evidence. This will determine if you have violated your parole. If you have violated it, then you are going to have another date set for sentencing. The prosecutor’s involved, because they are the one that have to prove the case.

What Are The Potential Penalties For Violation Of Probation?

The potential penalties for probation violation are the exact same penalties that prosecutors would have been looking at when they enter the plea. So with the Class III felony, you’re still looking at 2 to 5 years in prison, or any combination of the possible things they can do against you, such as jail, periodic imprisonment, and work release. The judge can add additional conditions, such as extra hours of community service, or even extend your probation. The judge can set any conditions they want to, if the prosecutor proves that you have violated your parole.

What Happens To A Diversion Program If Someone Violates Their Probation?

What happens when someone violates his or her parole while in a diversion program depends on the program. For some of these programs, if you have 16-week course and you miss one or two in a week, they can make you start the whole thing over again. If you get to the point where you didn’t follow what you were supposed to do, it’s up to the judge whether he gives you another chance to do that, or whether the state attorney even wants to give you chance before you work the case out.

Can I Appeal A Probation Violation Conviction?

You can appeal a probation violation conviction, but you’re not going to win. It wouldn’t make any sense to appeal it, because appeal just checks to see if the judge did everything according to the law. It would be a waste of your time and money to do this.

Additional Information On Probation Violation In Illinois

It’s important to know that usually you can straighten the matter out if you haven’t done your counseling, you just get your counseling done. If you haven’t done the restitution, get the restitution done. Most of the time, the judges realize some people are just little slow to pick up what has to be done, and how quickly it has to be done. Usually, there are usually ways to mitigate what damage, if you can show it to the judge that you got tied up with other important things going on in your life, and that’s why you were late following your probation conditions. The judge may give you a chance to straighten things up. That’s something you’re obviously going to want to try and do. The biggest thing you can do is simply not violate your parole in the first place.

For more information on Bond For Probation Violation, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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