For many, probation in lieu of incarceration is a godsend. That said, it’s not the end of the road–you’ll still need to follow various rules and requirements through the duration of your probationary term, and if you fail to follow those rules, you may find yourself facing jail time. If you’ve been accused of violating the terms of your probation, contact a dedicated Peoria probation violation lawyer from Giraudo Law, Inc. so we can craft a strong defense on your behalf and fight to keep you out of jail.
If you’re currently accused of violating the terms of your probation, we understand the anxiety and uncertainty you’re feeling that inherently comes with the possibility of incarceration. Fortunately, however, if you are reading this, you are in the right place. We are here to be your staunch advocates, your legal warriors. With our extensive experience in handling probation violation cases, we have a proven track record of successfully guiding our clients through the intricate web of probation requirements and fighting to keep them out of jail. Speak with a seasoned Peoria County criminal defense lawyer from our firm so we can get started defending your freedom.
Probation is a form of supervision that allows you to avoid jail or prison time after being convicted of a crime. However, probation comes with certain conditions that you must follow, including the following, among others:
The conditions of your probation may vary depending on the nature and severity of your offense, your criminal history, and the discretion of the judge. You should receive a written copy of your probation terms and conditions when you are sentenced.
A probation violation occurs when you fail to comply with any of the conditions of your probation. Some of the most common examples of probation violations are:
If your probation officer suspects that you have violated your probation, they may issue a warning, impose additional conditions, or file a petition to revoke (PTR) your probation. A PTR is a formal request to the court to terminate your probation and impose the original sentence that was suspended when you were granted probation.
If a PTR is filed against you, you will receive a notice to appear in court for a revocation hearing. At this hearing, the prosecution must prove by a preponderance of the evidence that you violated your probation. This means that they must show that it is more likely than not that you committed the violation. You have the right to be represented by an attorney at this hearing. You also have the right to present evidence and witnesses in your defense, cross-examine the prosecution’s witnesses, and make arguments to the judge.
The judge will decide whether you violated your probation based on the evidence and arguments presented. If the judge finds that you did not violate your probation, the PTR will be dismissed and your probation will continue as before. If the judge finds that you did violate your probation, the judge may reinstate your probation with the same or modified conditions, extend your probation period, impose additional sanctions, or, in the worst case, revoke your probation and order you to serve the original sentence.
The judge has wide discretion in determining the appropriate outcome for your case. The judge will consider several factors, such as the nature and severity of the violation, the number of previous violations, the impact of the violation on the victim or society, your compliance with other conditions of probation, and more. A competent probation violation lawyer can argue your case and work to attain the most favorable outcome on your behalf.
The bottom line is that if you’re accused of violating your probation, you need a lawyer who can fight, tooth and nail, to keep you out of jail. This may be your last chance at freedom. Don’t hire just any lawyer; hire a probation violation lawyer from Giraudo Law, Inc.