Legal Question in Criminal Law in Illinois

Re: Wrongfully accused

If you are currently on probation for a felony and you get charged with the residential burglary you mentioned was committed by your acquaintence, you could be looking at both a felony charge and a petition to revoke your probation.

The felony charge of residential burglarly is a very serious charge which carries potential state prison time if convicted. If you know who actually committed the burglary and you yourself had no involvement, you are in a better position than you might otherwise be.

If the State's Attorney files a Violation of Probation petition, you are entitled to a hearing to determine whether you in fact violated the terms of your felony probation. Typically the violation petition will be resolved after the underlying case (in this case the burglarly) has been resolved. If you admit to the violation or the judge finds that you violated your probation, the judge can sentence you to anything he/she could have originally sentenced you on the original felony. This includes reinstating your probation or sentencing you to do time in the state prison.