The MacNeil Firm Ltd.

What Happens If Someone Violates The Terms Of A Diversion Program?


The rules are the same for the special types of probation, sometimes called diversion programs, as for regular probation. Many times, what I want to do is buy more time, because people will frequently put off conditions such as community service. Many times, they may not pay their fines on time, and if I can get them in compliance with that probation, then often I can have the entire violation dismissed. More information on this matter can be acquired by contacting our Illinois Criminal Defense lawyer.

What Penalties Or Consequences Other Than Revocation Can Someone Potentially Face After Being Found In Violation Of Their Probation Terms?

If the judge determines that you are in violation of your probation, then the judge can re-sentence you to any sentence that was available to begin with. For example, let’s say that you were sentenced to probation on a Class IV felony drug case, the possession of a controlled substance. A Class IV felony carries a minimum sentence of incarceration up to one to three years in the penitentiary. So upon violation, the judge can re-sentence you to probation, or up to 3 years in prison as well. That would be the same with any kind of felony. Whichever class felony or class misdemeanor you are placed on probation for, you are still bound within those sentencing limits. The judge can sentence you to something more serious, and that is entirely within their discretion.

What Will Happen If My Probation Is Completely Revoked?

For whatever reason, if we can’t get you into compliance, or we can’t remedy the violation and there is no other alternative, we can try to negotiate a new agreed sentence with the prosecutor. If we can’t do that, then we can also do what is called a 402 conference with the judge. 402 refers to Supreme Court Rule Number 402, which is a conference with the prosecutor, judge, and myself. Here, we would discuss admitting to the violation or essentially pleading guilty to the violation. At the conference, the judge learns about the nature of the violation and any criminal history, and then the judge would say what the sentence would be if the defendant was willing to admit to the violation. You can also go to a hearing on any violation. Hire our Criminal Defense attorney in Illinois to make sure that these hearings go smoothly and in your favour.

Can I Appeal A Probation Violation Conviction?

You can appeal a probation violation conviction, but very few are. This is because at a hearing on a probation violation, you don’t have a right to a jury trial. Furthermore, the rules of evidence are greatly relaxed. The state only has to prove a violation by a preponderance of evidence, compared to proving their case beyond a reasonable doubt at a criminal trial. This means there is not a lot of room for error.

How Can An Attorney Help Me If I Have Been Accused Of Violating The Terms Of My Probation?

What I want to do is help you to fix whatever is causing the violation, if we can. If you’ve picked up a new case, maybe that means we are going to litigate the case. If you are found not guilty of the new case, frequently they’ll dismiss the violation of probation. If you haven’t done your community service, or if you haven’t completed treatment or paid a fine, our Criminal Defense attorney in Illinois can buy some time so that you can do that. Once you are in compliance, many times they will agree to dismiss the violation.

Additional Information On Probation Violations In Illinois

If you are lucky enough to get probation, you should treat it seriously. Complete your requirements or your conditions of probation in a timely manner. That means don’t wait till the last minute to do your community service or pay your fines. Take care of it right away, and stay in contact with your probation officer. That’s the best way to avoid a probation violation, and that’s the best way to deal with probation overall. Do what you have to do, because you are going to have to do it one way or the other, so why risk yourself in the jeopardy of going to prison. If you do happen to get a violation, don’t wait. Contact an attorney as soon as possible.

For more information on Violation Of Diversion Program Terms, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling our Illinois Criminal Defense lawyer at  (815) 290-9170 today.

Donald N. Macneil, Esq.

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