State of Illinois
Will a trial follow, or will the sentence be given the same day as the plea entered? Thank you, and please only people that actually know what they're talking about need answer, and if you're going to be judgemental, don't even waste your time here, you're not wanted. Thank you guys!
2007-03-19 07:50:28 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
In a sence, yes. If you contest the petition, their will be a probation violation hearing which will play out like a criminal trial. You then must demonstrate to the court that you are not in violation of your probation.
2007-03-19 07:58:12 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The petition is normally a "complaint" stating what the grounds for requesting the revocation is for. A probation "hearing" is conducted and then (in my own state) the findings of the hearing are forwarded to either the Probation Board or to the judge. It is during this hearing that the probationer is allowed to make his/her appeal/justification for the violation if one exists.
If it is determined that an actual violation of probation occurred, then the court or probation board will "vacate" the probation if they determine that is the best course to take.
Best wishes!
2007-03-19 07:58:19 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
No, you may not plead not guilty since you are already guilty of the crime that you are on probation for. There will be a judicial hearing where a judge will hear the evidence and evaluate weather you have violated probation. You may have an attorney representing you to argue your case for you.
2007-03-19 08:08:39 · answer #3 · answered by Anonymous · 0⤊ 1⤋
I'm not lawyer, but I do know that if you're on probation, you've already been convicted of a crime so you can't plead not guilty to anything. You've already had a trial so you won't get another one. You will probably have some kind of proceeeding where you say why you shouldn't have probation revoked, but it won't be a trial.
2007-03-19 07:57:44 · answer #4 · answered by Anonymous · 0⤊ 2⤋
If you don't stipulate to the violations, a trial (formal revocation) will be held.
Technical violations are difficult to refute though (failures to report, failures to pay, dirty screens, failure toattend treatment).
Subsequent offenses are equally difficult to refute.
If the State (your PO) has to go through the difficulty of a formal revocation, you can expect the amount of jail time requested to increase.
2007-03-19 08:02:09 · answer #5 · answered by Anonymous · 1⤊ 0⤋