Caught a felony case while out on a misdemeanor supervision - Can I be sentenced to jail time or bond revocation for violating?

Asked almost 2 years ago - Markham, IL

I had a misdemeanor possession of marijuana case in which the judge ordered me to one year supervision and gave me a court date to come back and appear before him. I ended up catching a felony case while out on that supervision, my main worry is that when I go back for this supervision court date that I can be sent to jail or have a bond revocation of some sort? Very confusing, any help is greatly appreciated. Also I know that having an attorney with me will be my best option but if the judge does impose a bond revocation or jail time, will the attorney be much help when such is imposed?

Attorney answers (3)

  1. Daniel G. Galivan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . When you were placed on supervision your bond obligations on that case were complete so there is no bond to be revoked. If the state files a Petition to Revoke (PTR) your supervision because of the new charge, the judge in the supervision case can set a new bond on the PTR but he cannot revoke the bond on the felony case. With a pending felony, it is unclear why the supervision violation would be your "main worry." The state will elect to proceed on the felony rather than the PTR and the sentenecing range for the felony exceeds the PTR. You should retain the same attorney to handle both (assuming the PTR is even filed). Most of us provide free consultations. www.galivanlaw.net

  2. Raymond George Wigell

    Pro

    Contributor Level 19

    Answered . You have a right to receive notice of a VOS (violation of supervision). The judge has the authority to revoke your bond under certain circumstances. This is one of the many reasons that a person in he situation you describe should have an experienced criminal defense attorney represent them.

    A good attorney will be prepared to argue against the bond Revocation.

    Avoidance or reduction in the duration of time in jail/prison is usually one of goals of criminal defense practice.

    Of course, every answer is based on the question asked and requires a more complete context. This answer should... more
  3. Melissa I. Smejkal

    Contributor Level 18

    Answered . If you receive a letter you need an attorney.

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