When you face a probation or parole violation charge in Bloomington, the stakes are high. A violation can result in jail time, extended probation, or other serious consequences. These outcomes can disrupt your life and future. Bruno Law Offices provides strong legal representation for clients facing probation and parole violation allegations. We serve clients in Bloomington, Normal, and throughout McLean County. Our Bloomington probation and parole violation attorneys are well-versed in probation and parole violation hearings. We work to protect your rights and freedom.
Why Choose Bruno Law Offices for Your Probation Violation Defense
Bruno Law Offices has defended clients in criminal matters for 45 years. Our team brings deep experience in probation and parole violation cases. Our attorneys understand how the system works. We know what it takes to mount an effective defense.
Our team includes experienced attorneys with strong credentials:
Evan Bruno served as a clerk for the Illinois Fourth District Appellate Court and teaches criminal law as an adjunct professor at the University of Illinois College of Law. His appellate expertise strengthens our defense strategy. Evan’s authority in criminal justice is reflected in his leadership with the Illinois State Bar Association, where he chairs both the Human Rights and Cannabis Law Section Councils. In 2021, the Illinois Supreme Court appointed him to the State Appellate Defender Commission, recognizing his mastery of appellate criminal defense. He is available on Avvo and Martindale-Hubbell for external verification of his credentials.
Anthony Bruno holds a position on the Federal Criminal Justice Act Panel and represents clients in complex federal cases. His federal experience brings additional resources to your defense. Anthony is also available on Avvo and Martindale-Hubbell.
This combination of appellate expertise, courtroom experience, and legal knowledge means your case receives thorough, strategic representation. Our attorneys know how to challenge violations and protect your interests. We have successfully defended clients in criminal matters across Illinois, with a track record of favorable outcomes including dismissals, acquittals, and negotiated resolutions. For probation and parole violation defense, we apply this same rigorous approach to protecting your rights. Our experience includes securing probation without jail time for clients facing serious felony charges and avoiding mandatory prison terms through strategic negotiation and alternative sentencing options.
Understanding Probation and Parole Violations in Illinois
Probation and parole serve different purposes in the criminal justice system. Violations of either can have serious consequences. Understanding the distinction between probation and parole is essential to preparing your defense.
A judge imposes probation as a sentence. It allows you to remain in the community instead of serving time in prison. You must follow specific conditions. Parole represents early release from prison under supervision. You must follow the conditions until your sentence ends.
A violation occurs when you fail to comply with your probation or parole terms. The state does not need to prove you committed a new crime. Instead, prosecutors must show by a preponderance of the evidence that you violated a condition. This standard is lower than “beyond a reasonable doubt.” This is why having a Bloomington criminal defense lawyer experienced in revocation hearings is critical.
Common violations include:
- Committing a new crime, whether a felony or a misdemeanor
- Missing court dates or scheduled probation officer appointments
- Failing to pay court-ordered fines or restitution
- Associating with individuals, the court prohibited you from contacting
- Traveling outside your jurisdiction without permission
- Failing drug tests or refusing to submit to testing
- Possessing alcohol or drugs
- Failing to maintain employment or attend school as required
Each violation carries a different weight in the eyes of the court. Technical violations may result in less severe consequences than violations involving new criminal conduct. An experienced attorney can argue for leniency based on the nature of the violation.
The Petition to Revoke Process
Your probation or parole officer files a petition to revoke when they believe you violated a condition. This document outlines the alleged violations. It requests that the court revoke your probation or parole. The court may impose the original sentence or additional penalties.
Once a petition is filed, you have the right to a hearing before a judge. The state presents evidence of the alleged violation at this hearing. You have the right to be represented by an attorney. You can cross-examine witnesses. You can present your own evidence and testimony. The judge then decides whether the state proved the violation by a preponderance of the evidence.
This is not a traditional trial, as the rules of evidence are more relaxed and hearsay may be admitted. Because your probation officer’s testimony often carries significant weight, having an experienced attorney present is crucial. Our team challenges weak evidence, exposes inconsistencies, and ensures your side of the story is heard. With extensive experience, our Bloomington criminal defense team has successfully navigated hundreds of revocation hearings.
Consequences of a Probation or Parole Violation
The consequences of a probation or parole violation depend on several factors. These include the nature of the violation, your criminal history, and the judge’s discretion. Possible outcomes include:
- Revocation of probation or parole and incarceration for the remainder of your original sentence
- Extension of your probation or parole period
- Increased fines or restitution payments
- Additional conditions imposed on your release, such as electronic monitoring or substance abuse treatment
- Loss of employment due to incarceration or increased restrictions
- Damage to professional licenses or certifications
- Immigration consequences if you are not a U.S. citizen
These consequences are serious, which is why skilled legal representation is essential. With an experienced attorney on your side, we can work to minimize penalties by negotiating with prosecutors, challenging weak cases, and presenting mitigating factors that may persuade the judge to impose less severe consequences. Moreover, if you’re facing felony charges related to your violation, the stakes become even higher.
How Bruno Law Offices Defends Probation Violation Cases
Bruno Law Offices takes a thorough approach to probation and parole violation defense. Our attorneys examine every aspect of the state’s case against you, investigating whether the alleged violation actually occurred and reviewing whether the evidence is reliable and admissible. We also check whether your probation officer followed proper procedures, identify mitigating circumstances that explain your conduct, and explore alternative explanations for the alleged violation.
We negotiate with prosecutors to challenge weak cases and explore options for resolving your matter without revocation. When necessary, we prepare thoroughly for your revocation hearing by cross-examining the state’s witnesses and presenting evidence and testimony that support your defense. Our goal is to keep you out of jail as we work to preserve your freedom and future. In addition, our federal criminal defense experience allows us to navigate complex federal probation violations effectively. Read our client testimonials to see how we’ve helped clients move forward.
Probation Violations vs. Parole Violations: Key Differences
While probation and parole violations follow similar legal procedures, important differences exist between them. Understanding these distinctions can help you prepare for your case.
Probation violations occur when you fail to comply with conditions imposed by a judge as part of your sentence. The judge who imposed your original sentence typically hears your revocation case. Probation violations may result in incarceration for the remainder of your original sentence or modification of your probation terms.
Parole violations occur when you fail to comply with the conditions of your early release from prison. The Illinois Prisoner Review Board or a hearing officer typically presides over parole violation hearings. Parole violations may result in a return to prison for the remainder of your sentence or modification of your parole terms.
Both types of violations can have serious consequences. Both require skilled legal representation to protect your rights. Our attorneys have experience defending both probation and parole violations in Bloomington and McLean County.
Strategies for Defending Probation and Parole Violations
A strong defense strategy depends on the specific facts of your case. However, several common approaches can help protect your rights and minimize consequences.
- Challenge the evidence. We examine whether the state’s evidence is reliable, admissible, and sufficient to prove the violation by a preponderance of the evidence. Weak evidence, hearsay statements, or procedural errors can result in dismissal. This is similar to our approach in assault and battery defense.
- Identify procedural violations. We review whether your probation or parole officer followed proper procedures. Violations of your rights during the investigation or arrest can result in suppression of evidence or dismissal. Understanding your rights during police interrogation is critical.
- Present mitigating circumstances. We gather evidence and testimony that explains your conduct and demonstrates your commitment to compliance. Mitigating factors can convince the judge to impose less severe consequences.
- Negotiate with prosecutors. We work with the state to resolve your case without revocation when possible. Negotiation can result in modification of your probation or parole terms, reduced penalties, or dismissal of violations.
- Prepare for trial. When necessary, we prepare thoroughly for your revocation hearing. The attorneys at Bruno Law Offices cross-examine the state’s witnesses, present evidence and testimony supporting your defense, and advocate forcefully for your rights. Our experience with felony defense ensures we’re prepared for any complexity.
Frequently Asked Questions About Probation Violations
You’re not alone if you’re confused about probation violations. The answers below can help you understand your situation and what to expect.
What is the difference between probation and parole in Illinois?
A judge imposes probation as a sentence. It serves as an alternative to incarceration. Parole represents early release from prison under supervision. Both require you to follow specific conditions. Violations of either can result in serious consequences. Learn more about the specific differences between probation and parole.
Can I be arrested for a probation violation?
Yes. Your probation or parole officer can arrest you if they believe you violated a condition of your release. You may be held pending a revocation hearing. In some cases, you may be held without bail. Understanding your rights when being arrested is important.
Do I have the right to an attorney at a probation violation hearing?
Yes. You have the right to be represented by an attorney at your revocation hearing. If you cannot afford an attorney, the court may appoint one for you. This is guaranteed under your right to counsel.
What evidence can be used against me in a revocation hearing?
The rules of evidence are more relaxed in revocation hearings than in criminal trials. Hearsay evidence may be admitted. This includes statements from your probation officer. This makes it especially important to have an attorney. We can cross-examine witnesses. We can challenge unreliable evidence. Learn more about evidence standards in criminal proceedings.
Can a probation violation be dismissed?
Yes. If the state cannot prove the violation by a preponderance of the evidence, the judge must dismiss it. An experienced attorney can identify weaknesses in the state’s case. We present evidence that supports dismissal.
What happens if I violate probation while on probation for a felony?
The consequences depend on the nature of the violation and your criminal history. A felony probation violation can result in revocation and incarceration. This makes strong legal representation especially important.
How long does a probation violation hearing take?
The length of a revocation hearing varies. It depends on the complexity of the case. It also depends on the number of violations alleged. Some hearings last a few hours. Others may take longer. Your attorney can help you prepare for what to expect.
Contact Bruno Law Offices for Your Free Consultation
If you face a probation or parole violation in Bloomington, Normal, or McLean County, contact Bruno Law Offices today. Call 309-861-9960 to schedule your free consultation. An experienced Bloomington probation and parole violation attorney is ready to help. We are ready to fight for your rights. We work toward the best possible outcome in your case.