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What Happens if I Violate the Terms of My Illinois Probation

joliet probation lawyer

For many people who have been convicted of a crime, probation is usually one of the more favorable sentences. In the state of Illinois, probation is used as a way to allow those who are convicted of crimes to live in their own homes and stay in their communities while they serve out their sentence. Probation does require you to follow certain rules, however. There are certain things you can and cannot do when you are on probation. In Illinois, being on probation means you are not permitted to violate any criminal statutes, and you must periodically report to your probation officer, among other things. There are also situational requirements and prohibitions that you must follow while on probation. If you violate any of the terms of your probation , you could face even more consequences.

Notice of Violation of Probation

After your probation officer learns that you have done something that you were not supposed to do while on probation, he or she will file a petition for violation of probation with the clerk of the circuit court. You will then receive a notice of this petition in the mail, which may instruct you to attend a hearing for the violation. Depending on the nature of the violation, you may have a warrant for your arrest issued before the hearing, but if you do not show up for the hearing, you will also have a warrant issued for your arrest.

Hearings for Alleged Violations

Before anything is decided, the hearing will determine whether or not you actually violated the terms of your probation. The state has the burden of proof in probation violation cases, meaning you do not have to prove that you are innocent. Instead, prosecutors must prove that you are guilty. In probation violation cases, the state must provide a preponderance of evidence to the judge before he or she will determine that you are guilty. This means that the probability of the violation being true is higher than the probability of it not being true.

Consequences for Probation Violations

If the judge determines that you have violated a term of your probation, there are a few different things that the judge can do. As a result of a probation violation, the judge can:

• Allow you to continue with your existing probation sentence, unmodified;

• Change the terms and/or length of your probation;

• Revoke your term of probation; or

• Impose any other available sentence for your original crime.

Have a Will County Probation Violation Attorney by Your Side

If you have been summoned to attend a hearing or there is a warrant for your arrest because of a probation violation, the best thing you can do is to call a Joliet, IL probation violation lawyer right away. At the Law Offices of Jack L. Zaremba, P.C., we understand that accidents can happen, but we also believe everyone deserves a second chance. Call our office at 815-740-4025 to schedule a free consultation today.

Construction Zone Speeding Tickets and Photo Enforcement in Illinois

joliet construction zone lawyer

When the orange cones come out, try to keep your driving frustration and speed in check, or you could find yourself in court dealing with a costly construction zone speeding ticket . The minimum fine for speeding in a construction zone is $375 for a first offense and $1,000 for a second offense, regardless of whether workers are present. A court appearance is mandatory. Two offenses within two years will result in a 90-day suspension of your driver’s license. Photo enforcement of speeding in work zones is legal in Illinois, but only when construction workers are present.

Illinois Photo Enforcement of Construction Zone Speed Limits

Illinois law (625 ILCS 7) defines the state’s policies for automated photo enforcement of construction zone speed limits. Key facts to know include:

• Automated photo enforcement is allowed only when workers are actually present in a construction zone.

• The speed limit sign for the construction zone must have attached signs stating, “work zone,” “photo enforced, and “$375 fine minimum.”

• There is no unmanned photo enforcement of speed in construction zones. Photo speed enforcement vans are staffed by Illinois State Police (ISP) troopers. These vans are generally white and have orange signs on the back saying “Work Zone Photo Enforcement.”

Before you reach the photo enforcement van , a radar-triggered warning sign will show you your speed in flashing orange neon, giving you an opportunity to slow down and avoid a ticket. If you are still speeding when you pass the enforcement van, your speed and photo will be captured. Four photos are actually captured, two of the front of the car and two of the back. The photos taken must clearly show your car, its license plate, and the driver. It must also show the date, time, and location that the photo was taken and the recorded speed.

The photos are uploaded to the ISP where they are manually reviewed to determine if a ticket should be issued. Tickets are mailed to the vehicle’s registered owner by certified mail within 14 days. If the registered owner was not the driver, the owner can contest under that ground.

For you to be convicted of the offense of speeding in a highway work zone, two facts must be true:

1. The state has to prove that at least one worker was present; and

2. You must be personally identifiable as the driver in the photograph. The photo must also clearly show your vehicle’s license plate.

Joliet Speeding Ticket Defense Lawyer

If you have gotten a construction zone speeding ticket, especially if you have multiple tickets and are at risk for suspension of your driver’s license, consult an experienced Will County speeding ticket attorney to explore your legal defense options. For a free initial consultation, call the Law Offices of Jack L. Zaremba in Joliet at 815-740-4025.

Drug Crimes Encompass More Than Just Illegal Drugs

joliet prescription lawyer

Everyone knows that there are certain drugs that are absolutely 100 percent illegal throughout the United States. Heroin, cocaine, LSD and ecstasy are all types of illegal drugs that have no accepted medical use and a high potential for abuse. Contrary to what some may think, you can also get in trouble if you illegally possess, distribute, or falsely obtain prescription drugs . The only time prescription drugs are legal is when the drugs were prescribed to you and you use them according to the label on the bottle and your doctor’s orders. Doing otherwise could result in serious charges against you.

Controlled Substances and Common Prescription Drugs

In addition to state laws, the federal government also has certain laws in place pertaining to legal and illegal drugs. The Drug Enforcement Administration (DEA) has created a schedule of drug classifications based on their medical use and their potential for abuse. This schedule is nearly identical to the schedule found in the Illinois Controlled Substance Act and contains information about prescription drugs. Commonly abused prescription drugs include:

• Xanax;

• Adderall;

• Ritalin;

• Vicodin;

• Percocet;

• Valium;

• Demerol; and

• Morphine.

Types of Prescription Drug Crimes

For the most part, any illegal drug crime you can be convicted of, you can also be convicted of for prescription drugs. Here are some of the most common prescription drug crimes:

• Misrepresentation: It is illegal for you to go to a doctor and misrepresent yourself in order to obtain prescription drugs. The Illinois Prescription Drug Monitoring Program requires all controlled substances that are prescribed to patients to be put into the statewide system, along with the patient’s personal information and medical information. This helps reduce the number of people going from hospital to hospital in order to have multiple prescriptions of the same drug prescribed to them -- which is also a crime.

• Possession: If you do not also possess a valid prescription for them. You can be charged with illegal possession if you do not have a prescription, or if the drugs were legally prescribed but not to you.

• Distribution: Another common prescription drug charge is distribution, or trafficking. The current opioid epidemic began when doctors were falsely informed of certain drugs’ potential for addiction and they were highly prescribed. Now that it is known that most opioids are highly addictive, they are not nearly prescribed as often, but thousands of people were left with addictions. Because of this, the market for illegal opioids has grown, though you can get into serious trouble if you are caught selling or distributing prescription drugs.

Have You Been Charged With a Prescription Drug Crime? A Joliet Drug Crime Defense Lawyer Can Help

Prescription drugs can be dangerous, even though they are used to treat certain medical conditions. If you have been charged with any type of prescription drug crime, it is crucial that you get in touch with a knowledgeable Will County drug crime defense attorney . At the Law Offices of Jack L. Zaremba, we can help you form a solid defense against any type of drug charge, including prescription drug charges. To schedule a free consultation, call our office today at 815-740-4025.

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