What is a Probation Violation:
A probation violation occurs when your on probation and you violated a term of the court sentence that was imposed upon you.
Examples of Probation Violation:
- Being arrested on a new case;
- Not paying your fine;
- Not keeping in contact with the probation department;
- Not completing drug and alcohol treatment (if this was one of the conditions).
How to handle a Probation Violation:
As an attorney I have several concerns when addressing a probation violation. First, the judge may set a new bond on the date they make you come to court. This means the judge will put you in jail until you post another bond. I always tell a client to have as much money as they can available in the event the judge does set a new bond. In the majority of cases when I appear with a client the judge does not set a new bond and my client is free to leave. However, some judges will set a bond. Each judge will handle violations differently. Factors in determining how a judge will respond include, the judge, the type of violation being alleged, the nature of the original charge, how long an individual was on probation, whether there were previous violation, the client’s employment and family status. As an attorney is it my job to address all of these issues and more to convince the judge not to take a client into custody and that the violation should not result in a client being re-sentenced.
Consequences of a Probation Violation:
A violation of probation can cause your sentence to be modified, for example make you perform some community service, pay a fine, complete drug and alcohol treatment (if the violation involved an issue with either drugs or alcohol), be held in jail for a period of time or be re-sentenced on the original offense. If your original offense was possession of illegal drugs and the Judge could have originally sentenced you to 1-4 years in the Illinois Department of Corrections, (prison), but rather granted you probation. Upon re-sentence, the judge could again sentence you to the 1-4 years in the Illinois Department of Corrections. This is why a probation violation is so serious.