Violations of Sentencing Orders

Evan Randall Sentencing

McHenry County Defense Attorney – Evan E. Randall

Evan E. Randall has been defending those charged with a crime in McHenry County for years. Legal representation is not just limited to those facing trial, but also those who were convicted and violate the sentencing order.

General Considerations

A Petition to Revoke is brought by the State’s Attorney when a defendant fails some aspect of the sentencing order. Defendant’s who are given court supervision, conditional discharge or probation must abide by the terms of the agreement.In bringing the Petition to Revoke, the State seeks to repeal the sentence imposed.

The procedure can be found at 730 ILCS 5/5-6-4. These procedures must be closely followed by the State’s Attorney if they seek to revoke a defendant’s sentence.

Non-Payment of Fines

If the defendant fails to make payments to the court, or falls behind on a payment plan, the State’s Attorney may bring a PTR. However, this is only possible if the failure to pay was caused by deliberate disobedience to the order. If the defendant fails payment due to hardship or other factors outside their control, the statute states that the maximum penalty for a misdemeanor is 30 days in jail and for a felony it’s 6 months.

The importance of hiring a local attorney is that they know how the local judges, prosecutors, and courtrooms function. Practically speaking, most judges in McHenry County will not allow a PTR if payments are being made. The court like to see progress being made, even if the payments do not amount to a whole lot. Effort is not ignored.

Other Common Grounds

  • Violating the law of Illinois or other jurisdiction;
  • Failure to report to probation, parole, or court services;
  • Consuming illegal drugs or alcohol;
  • Leaving the State without permission.

If someone is found guilty of a crime and placed on conditional discharge, probation or parole, it is important that the court ordered sanctions be followed. If not, then a trained criminal defense attorney needs to be retained. Call or email Evan E. Randall today to set up a free consultation.