What Will Happen if You Violate Probation in Illinois?

 Posted on April 23, 2025 in Criminal Defense

Probation is generally awarded as an opportunity to start your life over and avoid jail time. Therefore, violating the terms can have serious consequences. When facing a probation violation charge, a Naperville, IL probation violations attorney can help you take action to protect your future. Whether you want to challenge the allegations, negotiate with the court, or prove that you have been compliant, having an experienced legal representative can be an asset to your case.

What Are Some Types of Probation Violations?

Probation violations can be divided into two categories: technical and substantive. Technical violations refer to any failure to meet the terms of your probation. Some common examples include:

• Receiving a positive drug test
• Failing to pay your fines or court costs
• Failing to complete the community service requirements
• Not reporting for a mandated alcohol or drug test
• Not abiding by curfew requirements

A substantive probation violation occurs when you commit a new offense during the probation period. The judge may be more lenient for a technical violation, especially if it is a first-time occurrence. However, the penalties if you are convicted of a new crime can be steep, and the judge could revoke your probation during the trial.

What Legal Options Do You Have to Address Probation Violation?

Under Illinois law, the court will hold a hearing to address your probation violation. Your attorney will work with you to choose the appropriate legal option for your case. However, a common response is to request a modification to the terms of probation rather than revoking them. If you made clear efforts to comply with the probation terms, you may present evidence of that compliance to potentially sway the court in your favor. Finally, your attorney may advise you to challenge the allegations. If you believe the violation is unsubstantiated, challenging it could be a viable option.

What Factors Will the Judge Consider?

The judge will consider several factors when reviewing your case, starting with the severity of the violation. Some factors can result in heavier penalties. For example, if you committed another crime in addition to the violation or you have a history of probation violations, that could result in a harsher response from the court. If there is evidence that you violated probation, you would benefit from speaking to a lawyer as soon as possible.

Talk to a Naperville, IL Probation Violation Attorney Today

If you have been accused of violating your probation, the Illinois probation violation lawyer at Law Office of Philip R. Nathe will assess the details of your case and talk to you about the legal options available. You do not have to face these allegations alone. With aggressive counsel, you have a chance at a better outcome. Call 630-416-7600 today to schedule a free consultation with a lawyer who knows how to evaluate your case from the perspective of a prosecutor and a defense attorney.