Violation of Probation
Chicago Probation Violation lawyer James Dimeas has been handling Violation of Probation cases throughout Cook County, DuPage County, and Kane County for over 25 years. After you are convicted of a crime by either being found guilty after a trial or by pleading guilty pursuant to an agreement with the court or with the state, the judge will sentence you to a period of Probation. The Probation will have certain conditions attached to it. Some conditions are common to all cases. A condition to Probation that applies to everyone that is sentenced to Probation in Illinois is that during the period of Probation you cannot commit any other crimes. Another condition is that you must appear to every following Court date. There may be other conditions that could be attached to your Probation that will depend on your particular case and what you may have been charged with and pled guilty to. For instance, the Judge may order that you get a drug and alcohol evaluation and comply with all treatment recommendation. The Court may order that you take random urine drug tests. The Judge could order that you pay restitution to a victim. A condition of your Probation could be that you not have any contact with a specific person or stay away from a certain location. The specific conditions of your probation will be set out in the paperwork that you will receive when you walk out of court.
You will also being interviewed by a representative of the Adult Probation Department. You will be assigned a Probation Officer who will oversee and monitor your Probation. If you violate the terms of your Probation by either doing something you were prohibited from doing or not doing what you have been ordered to do, you will receive a Notice of Violation of Probation in the mail. The Notice of Violation of Probation will inform you that your Probation Officer will be appearing in court on a specific day and time to inform the Court that you violated the terms of your Probation. The Notice of Violation of Probation will set out the reasons why the Probation Officer believes that you violated your Probation. You must appear in Court for your Violation of Probation hearing or else the Court will issue a warrant for your arrest. You must keep the Probation Department informed of any change of address. If you do not appear for your Violation of Probation hearing because you moved and didn’t get the mail, it’s not a defense unless you had informed the Probation Department of your new address.
If you receive a Notice of Violation of Probation in the mail, this is a big deal. Chicago Violation of Probation lawyer James Dimeas has extensive experience handling Probation Violations throughout Cook County, DuPage County, and Kane County. He knows that when you originally were sentenced to Probation you gave up your right to plead not guilty to the charges. In return for Probation you are given an opportunity to avoid going to jail. When you Violate your Probation, you cannot go back to Court and fight the original criminal charges. You have already pled guilty so the only question before the Court when a Notice of Violation of Probation hearing is whether it is more probably true than not true that you violated your Probation, and if you did, what will be the sentence?What Happens When You Go to Court for a Violation of Probation?
Chicago Criminal Violation of Probation lawyer James Dimeas has handled hundreds of Probation Violation cases throughout Cook County, DuPage County, and Kane County. When you first appear in court for a Violation of Probation the judge will review the paperwork filed by The Adult Probation Department and determine the reasons why the Probation Department believes you are in Violation of your Probation. The judge will then consider setting a Bond for your Violation of Probation. Whether the Judge will set a Bond, and what the amount of the Bond will be, is completely up to the discretion of the judge. Whether a bond is set and what the amount will be for a Violation of Probation will depend on a variety of factors. One big factor could be if you have an attorney in Court representing with you who knows what they are doing. That's why you need Violation of Probation lawyer James Dimeas to appear with you at your very first Probation Violation court date. James Dimeas will argue on your behalf to do everything he can to make sure that the court either does not set a Bond, or if a Bond is set that it is low enough so that you can be released so you can go home to your family and back to work to begin working on completing your probation successfully.
Probation Violation cases are handled differently in Cook County, DuPage County, and Kane County. Chicago Violation of Probation lawyer James Dimeas has handled numerous Violation of Probation cases in all three counties and is familiar with the different ways that each County deals with Violation of Probation cases and is ready to deal with your Violation of Probation correctly. He will do everything he can to keep you out of jail and convince the judge to allow you to get back on track to complete your Probation successfully.
If you request a hearing on the Violation of Probation and the Court is convinced by a preponderance of the evidence, which is more probably true than not true, that you violated the terms of your Probation, the Judge could terminate your Probation and you will be at the mercy of the Court. The Judge can sentence you to anything they could have sentenced you to when you originally plead guilty to the criminal charges. The Rules of Evidence are relaxed at a Violation of Probation hearing. You have no right to a jury trial and the judge can consider hearsay evidence at your hearing. A Violation of Probation hearing is much more relaxed than a trial for a criminal charge. The Judge can consider evidence that would not be admissible in a regular criminal trial. It is much easier for a prosecutor to prove a Violation of Probation than it is to prove criminal guilt beyond a reasonable doubt in front of a Judge or jury.What is a Violation of Supervision or Conditional Discharge?
When you are sentenced to Conditional Discharge or Court Supervision for a misdemeanor, the same principles apply to violations when it comes to misdemeanors as they do with felonies. The maximum punishment for a misdemeanor is one year in jail and a fine up to $2,500. You could also be sentenced to Court Supervision or Conditional Discharge. Just like felony probation certain restrictions will apply to a Court Supervision or Conditional Discharge sentence. When you do something that you were not supposed to do, like commit another crime or fail a drug test, or if you don't do something that you were supposed to do, like pay your fines fees or cost, or check in with your Social Services officer, or do not complete your Community Service or SWAP, you will receive a notice in the mail notifying you that the Social Services Department will be going to court to notify the Judge that you have Violated your Court Supervision or your Conditional Discharge. Just like a Violation of Probation hearing, you will need to have a lawyer appear in Court with you. Chicago Violation of Conditional Discharge and Violation of Court Supervision lawyer James Dimeas has handled hundreds of Notice of Violation hearings for misdemeanors throughout Cook County, DuPage County, and Kane County. He has the experience and the knowledge to keep you out of jail and convince the Court that you should be reinstated and allowed to finish your Conditional Discharge and Court Supervision sentence.Representation for Your Violation Case in Cook County, DuPage County and Kane County
If you have been notified that you have to go to Court for a Violation of Probation, Violation of Conditional Discharge, or Violation of Supervision, you should contact Chicago criminal Violation lawyer James Dimes immediately to discuss your case. You will need James Dimeas to appear with you at the very first court date for your Violation because the prosecutor and the probation officer will ask that a cash bond be set for the Violation that has been filed against you. If the Court sets a cash bond, you will be placed into custody and sent to the County Jail until the next court date. Chicago criminal Violation lawyer James Dimeas will do everything he can to keep the Court from setting a cash bond and sending you to jail for your Violation. He will negotiate with the state and with the Probation and Social Services Department to give you the opportunity to be reinstated to your Probation or Court Supervision or Conditional Discharge so that you may get back on track to complete all of the terms of your Probation, or Court Supervision or Conditional Discharge, so that you can be discharged successfully from your sentence.
You can always contact attorney James Dimeas for a free and confidential consultation for your Violation of Probation, Violation of Court Supervision, or Violation of Conditional Discharge in Cook County, DuPage County or Kane County. James Dimeas can always be reached at 847-807-7405.