Addison Field Court

SEXNER’S PRO LEGAL TIP: Unless a criminal or traffic case gets completely dismissed, or a defendant is found not guilty as a result of a trial, there is a very good chance that the court will sentence that person to either supervision, conditional discharge or probation. Sentences are often different in that some such sentences may require community service, some may require jail, some may require fines, and some may require any combination of these requirements. But although each is often different, they’re all similar in the fact that each generally requires the person to stay out of trouble during the pendency of the sentence.

When the judge signs a sentencing order on a case, whether in Cook, Lake, Kane, DuPage, McHenry or any other Illinois county, the court form usually allows the judge to write in various requirements for the sentence. But parts of the form are pre-printed and contain requirements that always apply to each such case. Sometimes the form will say not to possess weapons, not to take any drugs or alcohol, or not to leave the state or other such directives. But the form almost always says something about NOT violating any laws during the sentence.

So, a common question from our clients is whether a specific offense will cause the prosecutor or judge to file a violation against him or her. First of all, once the sentence is over, it’s over. As long as the defendant didn’t lie to the court when asked about being arrested or ticketed on a new matter, they’re in the clear once the sentence is over and the supervision or probation is terminated.

But assuming the case is still “open”, whether a new offense will serve to violate the court sentence depends on any number of factors. It depends on what county you’re in, what judge, what prosecutor, whether your sentence has ever been violated before, what type of case you’re serving a sentence for and what type of new offense was committed.

Judges have the discretion to ignore serious new violations if they choose to or to violate a sentence for the most minor of offenses like a speeding ticket. Every case is different. Call Sexner & Associates LLC and speak to a member of our team immediately if you have any concerns about a possible violation of your sentence.