Legal Question in Criminal Law in Illinois
Violation of Probation
Arrested for underage drinking. Put on probation.
One month later arrested for retail theft 100.
Do they automatically put out an arrest warrant for violations?
Can the police arrest you for a violation if they know you are on probation?
1 Answer from Attorneys
Re: Violation of Probation
Generally, violations are started by way of a summons, not by warrant, although in more serious circumstances a warrant may be issued. The police cannot arrest you for a violation of probation unless the state's attorney has filed a petition for the violation and a judge has issued a warrant. Violations are not automatic, they require action by the prosecutor's office to go into effect. However, once filed, if a violation is proven in court, then because of the violation the judge can sentence the defendant to the maximum penalties allowed for the offense for which the person was placed on probation. If you have further questions, call the office at 630-257-8280.
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