Some people may not know there are two types of probation violations in Illinois. The first type is a technical violation which means you didn’t follow the rules set by your judge. The second type is a criminal offense which means you broke the law, but it’s no more serious than a traffic ticket. If you have been charged with either one of these types of offenses, make sure to contact our criminal defense lawyer Wheaton at Sethna Cook for help!
What Is Probation?
When someone who has committed a crime in Illinois demonstrates that they are willing and able to rehabilitate, then the court may order probation instead of incarceration. Basically, instead of serving your sentence in jail or prison, you serve it in the community – subject to certain rules, that is.
The directives you must abide by while serving probation are called the terms of probation. Violating these terms can obligate you to appear before a judge. That judge might send you to jail instead.
Here’s what you need to know about the two types of probation violations in Illinois and the consequences of violating them
The two types of probation violations in Illinois are technical and substantive.
Technical Probation Violations – Technical violations occur when you fail to complete a condition of your probation that was ordered by the judge.
Substantive Probation Violations – A substantive violation is one that occurs when you commit a new crime while on probation. This is a serious violation, even if it’s a crime that has nothing to do with the one for which you’re on probation.
Committing another crime often causes you to be charged by the state and face a new process in criminal court. That means you may endure not only the penalties from your past crimes that evoked the initial probation, but new penalties may pile on the original sentence. Basically, it can lead to the loss of probation and send you to prison.
If your probation is revoked, you will face the maximum time in prison that would have constituted your original sentencing. Therefore, if you were convicted of a crime that could have sent you to prison for five years, and you violate probation, then you might go to prison for five years.
At Sethna Cook, our criminal defense lawyer Wheaton will protect your rights if you violate your probation
As a criminal defense lawyer Wheaton, we strongly suggest that you stick to your probation rules. Doing so will ensure the best outcome for you in the case. However, probation violations do happen. In those cases, your best bet is to obtain representation from Sethna Cook. Our criminal defense lawyer Wheaton, will ensure that your rights are protected and justice is pursued.