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Bedford Park Probation Attorney

Bedford Park Probation Attorney iStock 1198564578 300x200A probation sentence is ideal if you do not wish to go immediately to custody while the case is being reviewed by the court. Probation can range from three to five years, allowing an offender to do their sentence outside of prison. Not all are given a chance to appeal for a probation sentence, with the court often putting it as an option for first-time offenders or if the case is non-violent.

If the offender is able to complete their probation, no prison time will be ordered, and the case will be closed. However, during the probation, certain rights will be restricted or lost, and offenders are not allowed to leave the state until the probation is complete. A probation officer will also be on hand to monitor if the offender is following their probation terms.

Unfortunately, there are times an offender accidentally violates their probation because of the strict terms of their probation. When this happens, they are at risk of doing their original sentence without being allowed to prove they did not commit the violation intentionally. When this happens, you can trust the Bedford Park probation attorneys at Chicago Criminal Defense Attorneys to fight for your rights. Our legal team will check the terms of your probation and prepare the right defense in case you are accused or have committed a probation violation.

Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Free Consultation with a Bedford Park Probation Attorney!

Probation Violations

Bedford Park Probation Attorney Canva Golden Hammer and Gavel 300x165A probation violation is an offense committed by an accused of violating the terms of their probation. If found guilty, the penalties that will be incurred vary depending on the violation made, as well as the prior violations (if any) committed.

Penalties can range from extended probations, huge fines, and even a jail sentence. Revocation of one’s probation is also possible.

Common Probation Terms in Bedford Park

A judge determines and establishes the probation terms and conditions during the sentencing stage of a criminal trial. One is legally required to follow the terms and conditions set for probation, or else they will be found guilty of committing a probation violation.

Bedford Park Probation Attorney locked up behind bars 300x236Each probation sentence varies depending on the case, but some of the most common probation terms include:

  • Report to your probation officer
  • Prohibition on possessing firearms
  • Paying a fine or restitution
  • No alcohol or drug use
  • Staying within the state lines
  • Following all laws and regulations
  • Getting back to work or school
  • Following protective orders

Special probation terms may also be added, and they include:

  • Curfews
  • Treatment sessions for addiction
  • Electronic monitoring
  • Avoiding certain people and areas
  • Mental health sessions
  • Domestic violence treatment programs

Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Free Consultation with a Bedford Park Probation Attorney!

How is Probation Violated?

Every state defines probation violations differently, but it is loosely designed after federal law on probations. In a general sense, probation is violated if a person ignores or willfully violates the terms of their probation sentence.

In Illinois, probation violations are divided into two types: technical and substantive.

Technical Probation Violations

A technical violation happens if you violate the terms of your probation as set by the judge. Some of the things you are not supposed to do during your probation include:

  • Missing a probation schedule
  • Not enrolling in school or getting a job
  • Missing a court hearing
  • Going to places or people you should not visit
  • Failing to pay any fines or restitution
  • Failing to complete your required community service hours.

Substantive Probation Violations

Substantive probation violation or a criminal violation means that the accused committed a crime and was charged for the crime while still serving active probation for another crime. No matter what kind of crime you committed, it will be considered a substantive violation of probation. You may end up facing new penalties because of the new crime you committed and the penalties that may be added because of your probation violation.

Immediate revocation of your probation is the most probable result of committing a substantive violation. You may also be ordered to complete your original sentence in jail.

Considering how strict probation terms are, it may be possible that you may end up violating them without realizing it. Our Bedford Park probation attorney can explain to you the terms of your probation, check if you have violated it, and apply the necessary strategies to mitigate the penalties that you may incur because of your violation.

Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Free Consultation with a Bedford Park Probation Attorney!

What Happens When Probation is Violated?

Bedford Park Probation Attorney admin ajax 300x200

If for some reason, you violated the terms of your probation, the following steps should occur:

  • Warning or court appearance

While there is no specific rule that states what happens immediately after a violation and when it is reported, the assigned probation officer will check the situation and can either send a warning notice or require your presence in court.

  • Violation determination

If you, the accused, are asked to appear in court, a judge will review the case and the evidence presented by both parties. Some of the factors judges will use to determine if probation is violated include history (if there are any) of previous violations, the violation committed, and other mitigating factors.

  • Sentencing

If the accused is found guilty of violating their probation, sentencing will follow shortly. The court can either extend the probation, add more terms, order a short jail sentence or revoke the probation and require the accused to serve their original sentence.

Our Bedford Park, IL criminal law firm can immediately mobilize when you get a warning or court notice for your probation case. We will check all the facts and work on your defense, especially if you did not get any notice or hear about the probation violation. We can also help you out with other crimes that you may be accused of and get the right defense for it.

Free Consultation Today!

Bedford Park Probation Attorney criminallawAlthough a probation sentence is much lighter compared to imprisonment and the lengthy court battle, you can still find yourself serving harsh penalties if a prosecuting attorney proves that you have violated the terms of your probation. Even if you know that you have done nothing wrong, you need a legal expert to fight for your rights and clear your name, and that is a Bedford Park probation attorney whom you can trust.

Chicago Criminal Defense Attorneys is always ready to check your case and give you all the help needed to get the case resolved in your favor. To keep your probation standing, get one of our probation lawyers on your case today, and we’ll do our best to reduce the damages caused by any violation you may have committed.

Call Chicago Criminal Defense Attorneys at (312) 634-6529 for your Free Consultation with a Bedford Park Probation Attorney!