Legal Question in Criminal Law in Illinois

Defense of Probation Violation

Probation is an act of grace under North Carolina law. The accused has been found guiltyand could have drawn active time forthe offense.Some judges hold probation hearings and seek onlyto establish that the violationoccurred. If that fact is found the defendant gets activated. Generally, though, the first affirmative act I try to get the defendant to do is contact the PO (probation officer). Makesure there are no more meetings scheduled. Usually a standard condition of probation is work or education. Make sure the defendant is doing work/ed requirement. Nothing looks worse than a guy who broke probation, didn't pay court costs and doesn't work.Judge reasons why not send him off- he's not doing anything anyway.Next, show lifestyle changes. Any churchwitness to show involvement and/or leadership?Provide for family? Completed community service?If money owed- get it paid before the court date.If level of probation was unsupervised judge may simplyincrease the level of supervision rather than activate the sentence. Emphasize lack of other criminal activity.If the defendant made any attempts to keep appointmentsmake sure PO testifies to each date kept.Make PO testify that PO made no attempts to contact the Defendant (many take the position that the D has the burden and "knew or should have known" to contact PO) Look for changes in managment at the PO office or other people who had contacts with D but may not have loggedthe contact. Look for other service agencies suchas Dept of Soc Services or Mental Healthwhere D had contact and received serviceto help him/her control potential criminal conduct.Any child support liability? Make sure it's paid.Drug treatment ordered? Make sure he/she did the tratment; get evidence to hand up showingsuccessful completion. Good luck. DG in NC