Legal Question in Criminal Law in Illinois

My husband has a Petition to Revoke his Probation due to not completing restitution by the end of the probation period. Since then, he has continued to make minimum payments of $200 a month, see his probation officer, and appear in court every 3 months. This was over a year ago. We would like to move out of state to help my brother take care of my handicapped mother. My husband's PO said he would not be allowed to leave while the PTR is still before the court. How long do these things usually take to decide? Is a good idea to "press" for a decision? What things should we take into consideration when asking the Judge for permission to move out of state?


Asked on 1/08/11, 5:12 pm

1 Answer from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

Petitions to revoke probation usually require negotiations between the parties or a hearing to determine whether a violation exists. If a violation exists, the judge can then re-sentence the defendant to jail, recommit the defendant to the terms of his/her probation or add additional conditions to the probation. All of this generally takes 1-3 court dates to work out the agreement or have the hearing. While you want to move the case along, you cannot press for a decision since there are many factors and parties involved such as prosecutors, probation officers, judges, defense attorneys, etc.

As far as permission to move out of state, a judge will look at the defendant's criminal background, the nature of the charge he/she is on probation for and how much time is left on the probation.

If you'd like to discuss your matter in greater detail feel free to call me

good luck

Purav

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Answered on 1/14/11, 12:54 pm


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