This is the first post in a series that will address common issues and questions that arise regarding misdemeanor charges in Peoria, Illinois. I have chosen to address this issue because many charged with a misdemeanor are unsure of the seriousness of their charges. Unfortunately, this can result in the accused not knowing how to proceed. I will therefore write this series with the aim of providing information that will help people better understand their situation. My goal is also to provide information to assist in choosing a criminal defense attorney. If you or a family member need help, contact my office today to speak to a criminal defense attorney.
I will cover some topics in my next articles. Topics I will discuss include:
Review and Consequences of Violations of Probation or Probation in Illinois
Violations of probation and probation are failure to comply with the terms of your probation/probation, inclusive committing a new crime.
If you are accused of violating the terms of your probation, you may face additional charges and have to go back to court. Just as with drug or theft charges, you must state your case.
Technical Probation Violations
Technical violations occur when you fail to comply with a court-ordered condition of your probation. These include orders such as:
- curfew
- meet with a probation officer
- maintain employment
- register for school
- pay court costs
. )
Breach of the terms of your IL parole
If you breach any of the terms set by the parole board, the person on parole may (and most likely will) have been returned to prison. The suspended or imprisoned sentence must be served for the entirety of the original sentence.
Where will the hearing take place?
Once a Blue Order is executed, the Preliminary Hearing/Repeal Hearing will be held in the county where the customer is located and not necessarily where the violations occurred. That is, the county in which the order was executed determines where the hearing takes place. A client who is reporting for parole in Dallas but was arrested in Houston will have his hearing in Houston. (If the basis for the blue order was a new felony, the client may be returned to the county where the felony is pending.)
Hearings are conducted by hearing officers who are employees of the Texas Board of Pardons and Paroles (“Parole Board”) and not of the Texas Department of Criminal Justice (“TDCJ”). Hearing officers conduct hearings to determine whether a violation has occurred and make recommendations to the parole board. At these hearings, the hearing officer conducts the case like a judge in a courtroom. Hearing officers interview witnesses, decide on the admission of evidence, and make decisions about motions and appeals, among other things.3 The probation officer, employed by the probation department, acts as the prosecutor in a courtroom. The perpetrator is present at the hearing together with his lawyer, if one has been appointed or engaged. As mentioned above, the hearing officer may interview witnesses in addition to the probation officer and the offender/solicitor.