Legal Question in Criminal Law in Illinois

Petition to revoke probabtion after probation ended

My brother had been on probation. His probabtion ended March 16th. The other day we got a letter in the mail that says, ''You are hereby notified that you have been charged in the Circuit Court in the above-entitled cause'' (The people of our state vs. my brother) ''with the offense(s) of violation of probation. The court has ordered that you be given notive that the matter is set for Arraign. on Petition to Revoke at'' this time on this day, in this judges court room at this location, ''at which time and place you must be present. Date at'' the city, the state, ''this 21th day of March 2003.'' His probabtion ended March 16th, 2003. Is it legal for them to file a petition to revoke probation AFTER he is off probation? Is there any recommendations that you have?


Asked on 4/17/03, 12:39 pm

2 Answers from Attorneys
Richard Cohen Richard Cohen and Associates

Re: Petition to revoke probabtion after probation ended

Typically the violation must be filed during the term of probation. Probation terminates in a semi-formal proceeding before the court. The court date for termination of probation is set at the time of sentencing. Therefore, any violations are usually filed at the aforeststed date. The attorney should check and make sure the violation was timely filed.

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Answered on 4/17/03, 4:19 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Petition to revoke probabtion after probation ended

Find out whether the petition was timely filed (during probation period) first. He should go to court anyway on the set date to establish what is going on. His attorney should be able to help him.

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Answered on 4/18/03, 11:18 am


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