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  1. #1

    Default Petition to Revoke Probation

    My question involves criminal law for the state of: Illinois

    I'm 27 years old. In 2010, I made a plea agreement as a first time offender for possession of LSD and received a suspended sentence of one year in jail under the terms that if I completed two years of probation successfully the charge would not be entered as a conviction on my record. This past Halloween I was arrested for a DWI. My probation for the LSD charge was supposed to be over on May 11. When I saw my probation officer after the DWI arrest he sent me to get counseling, which I did do and paid for out of my own pocket, and he recommended to the court that they simply allow me to complete my probation. Seven months later, when I thought I was about to be released from probation, I just got a notice of a petition to revoke my probation and a court date for next month. If anyone could tell me what is likely to happen to me I would really appreciate it. Here are the circumstances I am hoping the judge and prosecutor will take in to consideration:

    I completed all of my community service and counseling successfully. I've never missed a meeting with my PO or anyone else. I've never failed a urinalysis. I've paid all of my fines and court costs. I am not a violent person and I do not have criminal intentions. The reason I was out on Halloween was because of circumstances that were taking a severe toll on my mind and body. The girl I was going to marry broke my heart in June, calling me from the bedroom of the man she had just cheated on me with. It was the most traumatic night of my life and the pain just built and built. One day I cried so hard that my nose literally began pouring blood. I was not drinking or on any drugs though. The pain was unbearable though. I developed sciatica as a result of the stress my body was going through and had to deal with that for months. A cyst the size of a golf ball grew on the back of my neck and was very painful. I still didn't violate my probation. I relied on friends and family to care for me and help me through everything. Then on Halloween morning I found a lump on one of my testicles and assumed the worst. I was in a very bad place and needed to not be alone. It was a holiday though and all of my friends were out at a bar. Obviously I know now that I shouldn't have gone to a bar but I had no intention of violating my probation in any way. The last thing I would want to do would be to cause my problems to become someone else's problems. Will a judge/prosecutor take these things in to consideration when deciding what to do with me? I'm in a really good place now. All of my physical problems have been seen to and I am paying off the bill for the ultrasound. (Which determined I did not have cancer but a condition called epidydimitis [sp?].) I have been to physical therapy and my sciatica is gone and I am healthy and happy. I would hate to lose the ground I've gained by going to jail.

    I have a lawyer but I haven't been able to reach him today and I'm just really worried about everything. I don't want to be taken away from my family for a year. My father is 72 and I don't know how much longer he will be around. I can't bear the idea of him being gone when I get out if I go to jail. Thank you for your reading and answering, anyone who does.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Petition to Revoke Probation

    Did you have a question?

    First off, none of the sob story about how your life situation somehow mitigate your decision to go out and drive drunk is going to help you (in fact, it does exactly the opposite, it indicates you are not in control of your life and the influence drugs and alcohol will have).

    Your lawyer will show your otherwise good compliance with BOTH charges, your counselling/treatment to alleviate the underlying issues, the positive recommendation of your PO, etc... as indicating you out to be able to continue probation.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Petition to Revoke Probation

    So either you got a supervision on an amended felony, or somehow some way, you lawyer smooth talked a 402 probation which is eligible for expungement. With a possession charge, you should have to do treatment. I don't know of a dept in Il, that would subsidize that for you. Except for one in Cook Co. Then you go and get a DUI after the LSD charge. You go to treatment. Standard for a DUI in IL. The good thing is that if it was amended to a misdemeanor, it may be possible for you to do 180 in the county jail instead of going to prison. If it is still a felony, more than likely, you can face the minimum sentence for the opffense. Fior a first time violation, you might be lucky and get a recommit and additional treatment hours.

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