Table of Content
- people v. Colon, 225 Ill.2d 125 (2007) (losing a criminal case does not prevent PTR violation)
- People v. Thoman, 381 Ill.App.3d 268 (5th Dist. 2008) (ptr improper notice abdicates jurisdiction; no fee required; personal service, subpoena or warrant required)
- People v . Martinez, 150 Ill.App.3d 516 (2nd Dist. 1986) (ptr submitted last day was late)
- People v. Taube, 299 Ill.App.3d 715 (2nd Dist. 1998) (ptr cannot be granted simply because respondent has not benefited from treatment)
- People v. Taube, 299 Ill.App.3d 715 (2nd Dist. 1998) (defendant may be raped for refusing to participate in some duties)
- People v. Clark, 313 Ill.App.3d 957 (3rd Dist. 2000) (failure to test drug is grounds for revocation; had income and known deadlines; see 730 ILCS 5/5-6-4(d) for “disease becomes”)
- people v. Neckopulos, 284 Ill.App.3d 660 (3rd Dist. 1996) (if the drug abuse program is not completed, no voluntariness is required: there is no violation of the 5th Amendment if the state calls the accused to testify about technical violations , not criminal)
- people v. Birt, 274 Ill.App.3d 805 (4th Dist. 1995) (State has the right to make a motion to change parole)
- People v. Tufte, 165 Ill.2d 66 (1995) (Evidence obtained unconstitutionally may be used at PTR hearing)
- People v. Dowery, 62 Ill.2d 200 (1975) (Evidence obtained unconstitutionally may be used in PTR hearings)
- People v. Keck, 226 figs. App3d (3rd Dist. 1992) (unpaid fines must be intentionally refused; the court must determine the defendant’s financial solvency; and sporadic employment must be his fault)
- People v. Davis, 216 Ill.App.3d 884 (2nd Dist. 1991) (Reimbursement case, was your inability to find work actually considered a willful failure to pay compensation)
- People v. Woznick, 278 Ill.App.3d 826 (4th Dist. 1996) (Corpus delicti, not applicable at hearing/admission, alone may support reversal, and the defendant need not be charged, prosecuted, or convicted of the crime , which is revoked)
- people v. Walsh, 273 Fig. App. 3d 453 (1st Dist. 1995) (this failure to pay fees was found to be intentional: a single moment of non-reporting can result in a rape)
- People v. Turner, 233 Ill.App.3d 449 (4th Dist. 1992) (permissible written records at PTR hearing; see Rule 236(a), 730 ILCS 5/115-5(a), and Records Exception to Normal Fines and Exception to public records)
- persons v. Melson, 19 Ill.App.3d 438 (5th Dist. 1974) (The PTR allegation need not be as specific as an allegation, but should be sufficient to inform the accused of the nature of the alleged conduct)
- People vs. Moaton, 182 Ill.App.3d 161 (1st Dist. 1989) (no restitution payment made and reversed)
- People v. Toran, 219 Ill.App.3d 99 1 (2nd Dist. 1991) (Drugs admitted at ptr hearing if involuntary)
What is a search warrant?
A warrant is simply a legal document that gives law enforcement officers the authority to do something they would otherwise not be permitted to do. There are three different types of warrants: arrest, search and bank. Each type of order allows law enforcement to take a different type of action.
- Arrest warrants are the type most of us are probably familiar with: they give the police the power to arrest a specific person for allegedly committing a specific crime. If you have an arrest warrant, the police can arrest you anywhere, anytime if they find you.
- A search warrant, as the name suggests, gives the police permission to search a specific location for a specific item, usually evidence that a crime has been committed. This can be your house, apartment, car, locker at work, storage room, luggage, etc.
- A court order allows law enforcement to compel a specific person to appear in court. Arrest warrants are most commonly used when someone fails to appear in court on a warrant. If you receive a subpoena, subpoena, subpoena, etc. and fail to appear in court, the judge may issue a warrant against you in an attempt to locate you.