Cook and DuPage County Violation of Probation Attorney
Experienced Lawyer for Probation Violations in Oak Brook, Schaumburg and Chicago
If you have been convicted of a misdemeanor or felony, you may have been sentenced to a term of probation rather than jail time. A sentence of probation usually involves abiding by certain conditions. Common conditions include: not committing any new offenses, paying fines and court costs, performing community service, drug testing, reporting to a probation officer, and not leaving the jurisdiction without permission. If you are alleged to have committed one of these, a petition to violate your probation will be filed with the Court, and you can be re-sentenced to jail or prison time. Having an attorney experienced in handling probation violation cases can help you tremendously.
Mr. Moretti has been defending clients charged with violating the terms of their probation for 21 years in Cook and DuPage County. He carefully reviews the basis of the violation filed against you, and plans a strategic defense to get you the most favorable outcome possible. He treats each client with the respect they deserve and does not refer your case out to someone else.
Probation conditions are not the same for everyone. They can and usually vary from case to case. Common factors that determine the conditions of your probation will be, the type of crime to which you pled or were found guilty of, your criminal history, and the length of the sentence imposed by the judge. In some cases, you may violate your probation by:
- A new arrest
- Failing a drug or alcohol test,
- Failing to pay court ordered fines, fees or restitution,
- Obtaining or owning a firearm,
- Leaving probation bounds set by the court and/or probation officer,
- Missing a meeting with your probation officer or court ordered group meeting,
- Socializing or meeting with people you have been ordered to avoid, or
- Moving without updating the probation officer of the new address.
What Will Happen if You are Charged with a Probation Violation?
Violation of Probation is actually a criminal charge. Once a petition to violate your probation is filed with the Court, you will be required to appear and answer to that charge. Also, like all new cases, bail will be set. A hearing date will then be set for the judge to determine if you violated the terms of your probation.
At this hearing, the prosecutor is required to prove by a preponderance of the evidence, that you have violated the terms of your probation. If the Court finds that you are in violation, you will be re-sentenced. Types of sentences imposed for probation violations include: probation revocation and finishing your sentence in prison or jail; adding more conditions to your current probation; or paying additional fines.
Contact a Chicago Probation Violation Attorney Today
Having an experienced lawyer by your side when facing a probation violation is what you need. Judges take probation violations very seriously. You want someone who knows the court proceedings and laws and can help get you the most favorable result possible.
Contact Moretti Law, P.C. today at 312-861-1084 for complimentary consultation. Moretti Law, P.C. has three offices conveniently located in Chicago, Schaumburg, and Oak Brook.