Sentencing Lawyers

A judge determines the sentence for each offender. Prosecutors may seek a specific punishment, but the judge makes the final determination. There are some statutes that also may require judges to impose certain conditions as a part of a sentence. These types of mandatory provisions may involve anything from imprisonment to community service or fines. Sentencing also depends on a number of factual considerations. Prosecutors will routinely rely on aggravating circumstances to convince the judge to increase the penalty. Our attorneys will routinely rely on mitigating circumstances to convince the judge to decrease the penalty. Some common types of punishments available in Illinois are incarceration, probation, home confinement, periodic imprisonment, conditional discharge, and court supervision. Punishments such as probation, conditional discharge, and supervision are usually accompanied by a number of conditions. These conditions may include payment of fines, reporting to a probation officer, receiving substance abuse treatment or anger management, or obtaining a GED.

 

Supervision is not a conviction. Therefore supervision may be a valuable sentencing option. An order of supervision, rather than a conviction, may prevent the secretary of state from suspending a client’s driving privileges. When a court enters an order of supervision, the court essentially defers further proceedings and defers the imposition of a sentence. Supervision is not available for all crimes. Supervision is not available for a felony. The legislature has also passed laws preventing courts from imposing supervision for certain misdemeanor offenses.


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One of the best sentences that a defendant can receive, other than a dismissal, is a sentence of supervision. Such a sentence is not available for all offenses, or under all circumstances. But when it is available, our attorneys will always attempt to procure such a sentence for our clients if requested:

Sentences of Probation and of Conditional Discharge and Disposition of Supervision. The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of probation, conditional discharge or disposition of supervision.
(a) Except where specifically prohibited by other provisions of this Code, the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is necessary for the protection of the public; or
(2) probation or conditional discharge would deprecate the seriousness of the offender's conduct and would be inconsistent with the ends of justice; or
3) a combination of imprisonment with concurrent or consecutive probation when an offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act is necessary for the protection of the public and for the rehabilitation of the offender.


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