St. Charles Probation Violation Lawyers

Experienced Probation Violation Attorneys Defending Individuals in St. Charles, Illinois

Probation offers an opportunity for people charged with criminal offenses in Illinois to avoid jail or prison by following specific conditions ordered by the court. In some cases, successfully completing probation may allow a person to avoid a criminal conviction, while in others, probation may be ordered as part of a sentence.

By serving probation, a person will be able to remain in their community rather than being required to serve time in jail. However, probation comes with strict rules, and even a minor mistake or misunderstanding can lead to a probation violation. This may result in severe consequences, including revocation of probation and incarceration. Courts take violations seriously, and judges have broad discretion when determining the appropriate response.

The innovative lawyers at Ramsell & Kunowski, L.L.C. have represented clients in thousands of criminal cases, including many involving probation violations and other post-conviction matters. We represent people in St. Charles, throughout Kane County, and in other parts of Northern Illinois who have been accused of violating probation restrictions. Whether you have been charged with a probation violation based on a technical issue or a new criminal charge, we are prepared to fight for your rights and help you avoid the harshest penalties.

When Can a Person Be Sentenced to Probation?

In Illinois, probation is a form of court supervision that allows someone convicted of a crime to remain in the community under specific conditions set by the court. Probation may be available for both misdemeanor and felony offenses, and it is often used as an alternative to incarceration. Some people, such as those who have been charged with drug crimes for the first time, may qualify for first-offender probation, and the successful completion of probation may allow their case to be closed without a criminal conviction.

Judges may impose probation for offenses such as:

• Theft or retail theft
• Drug possession
• Domestic violence
• Traffic charges
• Certain property crimes
• First-time or non-violent offenses

Probation may last several months to multiple years, depending on the severity of the offense and the defendant's criminal history.

Common Probation Conditions

When a person is placed on probation, the court will impose specific terms they must follow. These may include:

• Regular meetings with a probation officer
• Abstaining from drugs or alcohol
• Submitting to random drug testing
• Attending treatment programs
• Completing community service
• Paying fines, fees, or restitution
• Not committing any new crimes
• Maintaining employment or pursuing education
• Avoiding contact with certain people or places
• Not leaving the state without permission

Violating any of these conditions can trigger an arrest, followed by a hearing to determine whether probation should be revoked.

In many cases, probation violations are not intentional. A person may miss an appointment due to an illness, transportation issues, or miscommunication. Unfortunately, even unintentional violations can result in serious consequences.

Penalties for Probation Violations

If a violation of the terms of probation has allegedly occurred, a hearing may be scheduled, and a judge will determine whether the violation occurred and what action to take. If the court finds that a violation occurred, the judge may:

• Continue probation with the same terms
• Modify the terms of probation (e.g., stricter supervision or additional requirements)
• Extend the probationary period
• Revoke probation and impose the original sentence, which may include jail or prison time

Defending Against Probation Violations With the Help of a Skilled Attorney

Allegations of a probation violation should be taken seriously. At Ramsell & Kunowski, L.L.C., we can provide an experienced legal defense aimed at helping our clients avoid the revocation of probation and minimize the potential penalties they may face. We can assist with:

• Challenging the Basis for the Violation: The prosecution must prove that a violation occurred. While the standards for evidence in probation violation cases are lower than in other criminal cases, we can respond to allegations and address any concerns about whether a violation occurred.
• Demonstrating Compliance or Good-Faith Efforts: We will gather evidence to show that our client tried to follow the terms of probation or had a legitimate reason for the violation.
• Negotiating With Probation Officers and Prosecutors: In many cases, we can resolve the issue before a formal hearing takes place. We will work to reach an agreement that will reduce the potential penalties our client may face.
• Advocating for Continued Probation: We can present mitigating evidence to the court to seek a second chance, such as job commitments, family responsibilities, or successful completion of treatment.
• Helping Address Underlying Issues: If the violation involved an addiction, mental health concerns, or financial hardship, we can connect clients with resources and support that will show their willingness to comply with the terms of probation going forward.

Contact Our St. Charles, Illinois Probation Violation Defense Attorneys

If you have been accused of violating probation, do not wait for a court date before seeking legal help. At Ramsell & Kunowski, L.L.C., we have decades of experience defending clients in a wide variety of criminal cases, including those involving allegations of probation violations. To set up your free consultation, contact us at 630-786-6062.