Legal Question in Criminal Law in Illinois

Probation

I have been on probation for the last two years and about 6 months ago I was charged with another crime but have not been found guilty yet...It has always been my understanding that you are innocent until proven guilty. If that is so than how is it that they can revoke my probation and if that is the case, what happens if I'm found not guilty. Thank YOu


Asked on 1/05/01, 8:28 am

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: Probation

One of the conditions of probation is to not violate any laws. If you are accused of violating the law, that can be the basis for revoking your probation.

If you are found not guilty of the new crime, your problems are not necessarily over. The standard for determining a probation violation is a "preponderance of the evidence", a lesser standard than for conviction of the crime, which is "beyond a reasonable doubt".

If there is a probation violation, you can be resentenced in that case to anything the judge could have sentenced you to in the first instance. It is important to contact an attorney, because you face the possibility of prison.

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Answered on 1/10/01, 9:14 am


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