Chicago Criminal Lawyer Blog
If you are on probation in Illinois and someone tells you that a probation violation has been filed against you, take it seriously. Very seriously. I have represented people charged with probation violations for more than 32 years, and one of the biggest mistakes I see people make is waiting too long to deal with the problem. They assume it is just another court date. They assume they can explain what happened to the judge. They assume that because the violation seems minor, nothing serious is going to happen. Those assumptions can get you into trouble.
Probation is usually given to someone instead of a jail or prison sentence. That is the good news. The bad news is that when you are placed on probation, the judge is giving you an opportunity to stay out of custody while requiring you to follow certain rules. If the court believes you broke those rules, the judge can bring you back into court and reconsider what happens to you. Depending on the case, jail or prison can be back on the table. That is why I tell clients not to treat a probation violation like some routine technical problem. Before I do anything else, I want to know exactly what probation claims happened, what evidence exists to support that allegation, and what sentencing exposure my client is facing if the judge finds a violation. Those are the questions that matter.
What Does It Mean to Violate Probation in Illinois?
When a judge sentences you to probation, the judge usually imposes specific conditions. Those conditions are not suggestions. Depending on the case, you may be required to report to a probation officer, submit to drug or alcohol testing, complete counseling or treatment, perform community service, pay fines or restitution, obey a curfew, obtain permission before traveling, stay away from certain people or places, and avoid committing another criminal offense. Failing to follow one of those requirements can result in a probation violation being filed. Generally, I look at probation violations in two broad categories. The first involves what are commonly called technical violations. Maybe you missed a probation appointment. Maybe you tested positive for drugs. Maybe you failed to complete treatment. Maybe you did not finish your community service. Maybe you fell behind on something the judge ordered you to do.
The second category is usually much more serious: you are accused of committing a new criminal offense while already on probation. Now you may have two problems instead of one. You may have to defend the new criminal case while also dealing with the claim that the new arrest violated your probation in the original case. That situation needs to be handled carefully.
What Happens When Probation Files a Violation?
A probation officer does not get to simply declare you guilty and send you to jail. If probation believes that you violated the terms of your sentence, a Petition to Revoke Probation or another pleading alleging a violation may be filed with the court. I want to see that document. I do not want to rely on what somebody thinks the probation officer said. I do not want to rely on secondhand information. I want to know exactly what allegation has been made and exactly what probation claims my client did wrong.
Once the violation is before the judge, several things can happen. The court may order you to appear. The judge may issue a warrant. Depending on the circumstances, you may be taken into custody. This is another reason I tell people not to hide from a probation violation. Ignoring it does not make it disappear. If there is a warrant hanging over your head, the better approach is to find out what was filed, determine what the judge has ordered, and develop a strategy for dealing with it. Walking into court without knowing what you are facing is not a strategy.
A Probation Violation Hearing Is Not the Same as a Criminal Trial
This is something many people do not realize. In a criminal trial, the prosecution normally has to prove guilt beyond a reasonable doubt. A probation violation hearing is different. The State generally has to prove the alleged violation by a preponderance of the evidence. That is a lower burden of proof. That matters. But a lower burden of proof does not mean there is no defense. I still want to know what the State can actually prove. Where is the evidence? Who are the witnesses? What records exist? Is probation relying on incomplete information? Is there documentation showing that my client actually complied? Is there a legitimate explanation for what happened? Those questions can completely change the way a probation violation should be handled.
Suppose probation claims that you failed to complete counseling. Did you actually fail to complete it? Or did you finish the program and the paperwork never make it into the probation file? Suppose you missed an appointment. Did you simply decide not to show up? Or were you hospitalized, working, dealing with an emergency, or told to report on a different date? Suppose probation claims you failed a drug test. What exactly was tested? What does the report say? Was there any explanation for the result? I do not assume that an allegation is true simply because somebody wrote it in a report. I want to see the evidence.
What If the Probation Violation Is Based on a New Arrest?
This is where cases can become much more complicated. A new arrest can trigger a probation violation, but remember something important: An arrest is not a conviction. Police arrest people based on allegations every day. Prosecutors file charges based on allegations. Those allegations still have to be proven. If my client’s probation violation is based on a new criminal case, I look hard at the new case. Why did the police stop my client? Was the stop legal? Was there probable cause? Was there a search? Was that search lawful? Is there body-camera video? Surveillance video? Independent witnesses? Physical evidence? Statements? Conflicting stories? Did the police actually recover what they claim they recovered?
Those issues can become critical not only to the new criminal case but also to the probation violation. This is why blindly walking into court and admitting a violation before someone has examined the new case can be a serious mistake.
If I Violated Probation, Am I Automatically Going to Jail?
No. And this is another area where people panic unnecessarily. A probation violation can lead to jail or prison, but it does not automatically mean that is what the judge will do. Every case is different. The judge can look at what the violation involved, how you performed on probation before the violation, whether you have had previous violations, your criminal history, the seriousness of the original offense, whether the violation involved a new crime, and what you have done to correct the problem. I want the judge to see the entire picture. Suppose somebody has been on probation for a year. They have been working. They have reported consistently. They completed treatment. They paid most of what they owed. They stayed out of trouble. Then they miss one probation appointment. That is one kind of case.
Now compare that with somebody who stopped reporting completely, ignored treatment, repeatedly tested positive for drugs, picked up several new arrests, and made no effort to comply with probation. Those cases are obviously not the same. A good defense lawyer makes sure the judge understands that.
What Can a Judge Do After Finding a Probation Violation?
There are several possible outcomes. The judge may reinstate probation. The court may modify the conditions. The judge may require additional treatment, counseling, community service, drug testing, electronic monitoring, or more frequent reporting. Probation may sometimes be extended when legally permitted. In the more serious cases, however, probation can be revoked. That is the part you need to understand. When probation is revoked, the judge may be able to resentence you on the original criminal offense. Think about what that means. The case that you thought was basically behind you may suddenly become extremely important again. If the original charge exposed you to jail or prison, that possibility may return. When I meet with somebody accused of violating probation, I therefore do not look only at the violation itself. I go back and look at the original case. What was the charge? What sentencing range applies? Why was probation imposed originally? How much of probation has been completed? How has my client performed? What is the worst-case scenario if the judge revokes probation? You need to know the answers to those questions before making decisions about the case.
Technical Probation Violations Can Often Be Explained—But Bring Proof
If the alleged violation is technical, documentation can be extremely important. I tell clients all the time: do not just tell me you completed something. Show me. Bring the certificate. Bring the receipt. Bring the attendance sheet. Bring the treatment records. Bring the email. Bring the text message. Bring the pay stubs. Bring the proof that you paid. Bring whatever documents help establish what actually happened. There is a huge difference between telling a judge, “I have been working,” and showing the judge six months of pay stubs. There is a difference between saying, “I went to treatment,” and producing the records showing that you attended. There is a difference between saying, “I tried to contact my probation officer,” and having emails or phone records showing that you actually did. Judges hear excuses every day. Evidence is different.
Do Not Make the Problem Worse After a Violation Is Filed
This sounds obvious, but it is important. If you find out that a violation has been filed, do everything possible to avoid creating another one. Keep reporting. Keep attending treatment. Keep taking required drug tests. Keep making payments if you are able to make them. Keep completing community service. Stay out of trouble. Do not decide that because probation already filed a violation, nothing else matters. It matters. What you do after the alleged violation can affect how your case looks when you get in front of the judge.If the problem can be corrected, start correcting it.
Tell Your Lawyer Everything
I cannot properly defend somebody if I am learning bad facts for the first time while standing in front of the judge. If you missed five probation appointments, tell me. If you failed a drug test, tell me. If you stopped attending treatment, tell me. If you were arrested again, tell me exactly what happened. I would much rather hear about a problem from my client before court than hear about it for the first time from the prosecutor or probation officer. My job is not to judge you. My job is to figure out the best way to deal with the situation you are actually facing. And I can only do that if I know the facts.
Do Not Assume the Probation Officer’s Version Is the Whole Story
Probation officers have a job to do. So do prosecutors. So does your lawyer. When I represent somebody accused of violating probation, I do not automatically accept the government’s version of what happened. I investigate it. Sometimes there is an innocent explanation. Sometimes there is a misunderstanding. Sometimes records are missing. Sometimes the violation occurred, but there are strong mitigating circumstances. Sometimes the allegation itself can be challenged. And sometimes the smartest strategy is not to fight over whether a technical violation occurred but to show the judge why revoking probation and sending someone to jail would accomplish nothing. The strategy depends on the facts. That is why every probation violation case needs to be looked at individually.
The Biggest Mistake Is Waiting Until the Last Minute
If you know a probation violation has been filed against you, do not wait until the morning of court to start thinking about what you are going to do. That wastes valuable time. There may be records that need to be obtained. There may be witnesses who need to be contacted. There may be treatment that can be restarted. There may be community service that can be completed. There may be money that can be paid. There may be evidence from a new criminal case that needs to be reviewed. There may be a warrant that needs to be addressed. The earlier I get involved, the more I can actually investigate instead of simply reacting to whatever happens in court.
A Probation Violation Does Not Automatically Mean Your Case Is Over
I have been practicing criminal law for more than three decades. One thing I have learned is that people frequently assume the worst before anybody has taken the time to examine the facts. Do not do that. A probation violation is serious. But serious does not mean hopeless. The State still has to establish the violation. The judge still has decisions to make. The circumstances surrounding the alleged violation still matter. Your performance on probation still matters. What you have done to correct the problem still matters. The defense matters. If a probation violation has been filed against you, the question should not simply be, “Am I going to jail?” The better questions are:
-What exactly am I accused of doing?
-What evidence does the State have?
-Can the allegation be challenged?
-What can I do right now to put myself in a better position?
-And what sentencing exposure am I really facing?
Those are the questions I want answered before my client walks into court.
Contact Illinois Criminal Defense Attorney James Dimeas About a Probation Violation
James Dimeas is a nationally recognized, award-winning Illinois criminal defense lawyer with more than 34 years of experience handling criminal cases and probation violations throughout Chicago, Cook County, DuPage County, Kane County, Lake County, and surrounding communities. James Dimeas has received recognition from numerous legal organizations during his career, including the American Society of Legal Advocates, National Trial Lawyers, National Academy of Criminal Defense Attorneys, American Institute of Criminal Law Attorneys, Attorney and Practice Magazine, AVVO, and Expertise.
If you are facing a probation violation, do not assume the outcome has already been decided and do not walk into court without understanding what is at stake. Find out what was filed. Find out what evidence exists. Find out what your options are. You can contact James Dimeas for a free and confidential consultation about an Illinois probation violation case and speak with James personally by calling 847-807-7405.
Conclusion
A probation violation in Illinois is a serious matter, but it doesn’t have to mean the end of your freedom. By understanding the legal process and working with an experienced criminal defense attorney, you can navigate this challenging situation and work toward a favorable outcome. If you’ve been accused of violating your probation, don’t wait. Contact a skilled Illinois criminal lawyer today to protect your rights and your future.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling Probation Violation cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
If you need an attorney for a Probation Violation in Kane County, Chicago, Cook County, DuPage County, or Lake County, you can contact James Dimeas anytime for a free and confidential consultation. You can talk to James Dimeas personally by calling him at 847-807-7405.
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