What Is Probation?
Probation is a criminal penalty that is ordered upon conviction of crime. In some cases, a judge may find that jail time is inappropriate, and will instead order probation. It is important to note that probation is not merely a judicial warning or a slap on the wrist. While probation is obviously less severe than jail time, there may be strict requirements that go along with this penalty. Such requirements are the conditions of your probation, and must be followed. Failing to adhere to your probation conditions is considered a violation of probation (VOP). A violation may result in a formal VOP charge, which may in turn lead to additional criminal penalties.
The conditions of your probation will depend on your criminal conviction, and any plea agreement your attorney reached with the prosecutor. The law related to your specific charge can also determine your probation conditions. For example, a defendant with a (first-time) cannabis possession conviction could face probation conditions requiring the defendant to:
- Not violate any criminal law;
- Refrain from possessing a firearm;
- Submit to drug testing; and
- Complete at least 30 hours of community service.
The specific circumstances in your case, including any previous convictions, will affect whether you receive probation and what your conditions are.
Probation Violations
State law broadly categorizes crimes as felonies and misdemeanors. Felonies are more serious crimes, and thus require stiffer penalties. Though misdemeanors are considered lesser crimes, they are still handled severely under state law. If your probation officer suspects you violated a condition of your probation, even a seemingly minor condition, you could be required to appear at a court hearing. During that hearing, a judge will determine whether you have, in fact, violated your probation.
There are important distinctions between this hearing and the trial for your original charges. For example, in a VOP hearing, you would no longer be protected from self-incrimination, and may be forced to testify against yourself. Another key difference is the legal standard by which your guilt is decided. Your original criminal case was determined the “beyond a reasonable doubt” standard. However, in your VOP hearing, the judge will decide your guilt based on whether it is more likely than not you violated probation. This is a civil burden of proof, and is less stringent than the criminal standard.
If convicted of a VOP, the judge will order additional penalties. These penalties will depend on the severity of the violation and the nature of the original crime. In fact, you may be re-sentenced to any prison term that would have applied in your original case. In other words, the punishment for your original charge can be applied for the violation.
How Can a Lawyer Help?
No matter what criminal charge you face, it is important to seek legal assistance as soon as possible. An experienced criminal defense lawyer can analyze your case, and defend you at the probation violation hearing. He or she can present evidence regarding the alleged violation. Trying to defend yourself in court can be intimidating, stressful, and confusing. Instead, choose an attorney who can advocate for you and your rights.
Call Our Schaumburg Criminal Defense Firm
Are you facing a charge of violating your probation? If so, reach out to our skilled Schaumburg criminal defense lawyers. Our attorneys have over 50 years of combined legal experience, and we put that to use for our clients. With Glasgow & Olsson, you can rest assured that our lawyers will aggressively defend you in court. We will work closely with you throughout the duration of your case, addressing all of your concerns along the way. To schedule a free consultation, call our Schaumburg office now at 847.577.8700.