Legal Question in Criminal Law in Illinois
When there's a petition to revoke probation, is that submitted at the arraignment or after? At the arraignment, does the prosectutor alert the judge that that petition could be forthcoming? Does there need to be a separate hearing following the arraignment to determine the merit of the petition to revoke probation? Thanks!
Asked on 7/23/10, 9:17 am
1 Answer from Attorneys
Zedrick Braden III
Ainsworth & Associates PC
A Notice of Motion and a Motion to Revoke Probation must be filed and served upon the defendant, prior to the court date. Failure to do so constitutes a denial of due process. Generally, a courtesy copy of the Motion is delivered to the court prior to the court date. The defendant is then entitled to a hearing on the State's motion to revoke probation.
Answered on 8/01/10, 11:14 am
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