Violation of Probation - Not Guilty
VIOLATION OF PROBATION PETITION DISMISSED – AFTER A HEARING
People v. ML - My client had been charged with numerous serious financial crimes at the Rolling Meadows Courthouse in Cook County. My client, who was in her mid-30's, was a developmentally disabled young lady. She was unable to take care of herself so she lived with her elderly mother and father. She had been romantically involved with a man who took advantage of her and put her in great financial distress. In order to get herself out of the financial mess that she found herself in, she started a series of financial crimes against her mother that resulted in a very serious criminal case against her in Rolling Meadows. She would apply for credit cards using for mother's name and social security number. When the mail would come to the house she would intercept the bills and notices that would come in her mother's name. Eventually, her mother applied for a credit card and was denied. When she asked for an explanation as to why she was declined the credit card she found out that she had $50,000 in credit card debts in her name that she knew nothing about. She notified the credit card companies of the fraud and their fraud investigators began investigating. Within a short period of time they discovered that my client had fraudulently obtained the credit cards by using her mother's name and her social security number. The credit card and bank fraud investigators contacted the police who launched an investigation. The investigation resulted in the filing of Identity Theft charges, Forgery, Credit Card Fraud and numerous other charges against my client.
I was hired by the client's father to represent her in Rolling Meadows. I immediately began putting a mitigation packet together to convince the prosecutor and the judge that my client did not deserve to go to jail. The client was developmentally disabled so I obtained her medical records and reports from her treating Physicians to prove the seriousness of her disabilities. I obtained letters of recommendation from friends and neighbors and paperwork indicating that she was actively looking for work but had been unable to obtain a job because of her disabilities. I was able to obtain proof that she was actively taking Vocational Rehabilitation courses so that she could become independent and get a job. Eventually, I was able to convince the judge and the prosecutor to give her probation in spite of the fact that the banks and credit card representatives were putting pressure on the prosecutor to ask for a lengthy jail sentence. But because of the age of the victim, the statute under which she pled guilty to, required that restitution be paid. Because of the client condition, everybody realized that there was no way that she would be able to pay $50,000 in restitution. So the agreement reached with the court was that instead of requiring the client to pay back restitution, the court would enter a judgment against her and would not use the fact that she did not pay back restitution as a basis for violating her probation.
Two years later, as my client was about to finish her Probation, she received a Notice of Violation of Probation in the mail. The Probation Department was claiming that my client violated her Probation because she did not pay back $50,000 in restitution. I appeared in court with my client for the Violation of Probation. There was a new Judge in the courtroom and a new Prosecutor. After I explained the restitution agreement to the Court, the new Judge and the new Prosecutor refused to go along with the initial agreement that had been made at the time that my client pled guilty. The Court indicated that my client would be going to jail for failure to pay the restitution.
We were left with no alternative but to fight the Violation of Probation charges and proceed to a hearing. The victim, the client's mother, had passed away. The client's father had also passed away. The client was being taken care of by her brother and sister. I argued at the hearing that my client had not willfully failed pay the restitution. I argued that because of her disabilities, she was unable to obtain a job to make the money necessary to pay back the restitution. I was able to introduce financial evidence and records to show that my client had not made any money. I brought in the brother and sister to testify about the financial assistance that they have been giving my client so she could survive. I was able to bring in evidence of all of the job applications that she had made and all of the jobs that she had been denied because of her disability and because of her criminal record. At the close of the case, the court agreed with me and dismissed the Violation of Probation against my client. The case was finished and she successfully completed her probation.
Chicago Violation of Probation lawyer, James Dimeas, has been handling Violation of Probation cases for 25 years throughout Cook County, DuPage County, and Kane County. Chicago Violation of Probation lawyer, James Dimeas, is an award winning criminal defense lawyer and a published author. He is rated "superb" by AVVO, the highest classification possible. AVVO is a national organization that rates the nation's lawyers. If you are charged Violation of Probation you can contact James Dimeas anytime for a free and confidential consultation. You can always talk to James Dimeas by calling him at 847-807-7405. Mr. Dimeas is always available to help you with your Violation of Probation charges.