In each case where a defendant is charged with violation of a sentence, the defendant is entitled to a hearing before the Court:

(730 ILCS 5/5‑6‑4(b) Violation, Modification or Revocation of Probation, of Conditional Discharge or Supervision or of a sentence of county impact incarceration – Hearing: The court shall conduct a hearing of the alleged violation. The court shall admit the offender to bail pending the hearing unless the alleged violation is itself a criminal offense in which case the offender shall be admitted to bail on such terms as are provided in the Code of Criminal Procedure of 1963, as amended. In any case where an offender remains incarcerated only as a result of his alleged violation of the court's earlier order of probation, supervision, conditional discharge, or county impact incarceration such hearing shall be held within 14 days of the onset of said incarceration, unless the alleged violation is the commission of another offense by the offender during the period of probation, supervision or conditional discharge in which case such hearing shall be held within the time limits described in Section 103‑5 of the Code of Criminal Procedure of 1963, as amended.

 

Sentence Violation Lawyer

Anytime a defendant is sentenced, whether that sentence is for supervision, probation, or conditional discharge, the court will require that the defendant obey certain requirements during the term of their sentence. When these requirements are not met, whether it involves non-payment of fines, arrest on a new case or otherwise, a violation has occurred. The failure to comply with the court’s sentence requirements may result in additional severe penalties. A person charged with such a violation should immediately seek the advice of an experienced criminal defense attorney.

 

Depending on the defendant’s criminal record, prior history of violations, the severity of the violation, the Judge involved and the county involved, results can vary greatly. For example, the same type of violation for failure to complete community service may result in no penalty in one court location, yet in a different court, another Judge may order jail. An experienced criminal defense attorney that knows how these various factors will affect your situation can be of great value in this regard.

 

Our attorneys are well aware that when charged with a violation of sentence, whether of supervision, conditional discharge or probation (VOS,VOCD or VOP), our clients want to avoid jail and seek to be re-instated to their sentence. On each of our cases, that is precisely what we will always try to do.

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

800.996.4824 • 847.690.9990 • 312.644.0444 • 708.333.3332 • 630.668.0888 • 815.399.3339 • 217.222.4444

Information herein is for Illinois informational purposes only and not intended to create an attorney-client relationship. Any use of information is at user's own risk. A qualified legal or medical professional should be consulted first when professional advice is required. Cases may be referred to other qualified attorneys after full disclosure. As each case is different, results may vary. Advertising material. Refer to disclaimer page for full information.