I went to this website http://www.ilga.gov/legislation/ilcs/ilcs.asp but I don't know where to go from there. Do the laws regarding probation very with the offense? I was convicted of Aggravated Battery and Unlawful Use of a Weapon and sentenced to two years of Probation to run concurrent. I want to know what part of the law defines a willing or unwilling violation of probation and on what grounds can the probation be revoked. If you could point me to the right area within that site I would be grateful. Thanks in advance.
I think I found it chapter 38 paragraph 1005-6-4 section 5-6-4 subsection C and D (c) The State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. The evidence shall be presented in open court with the right of confrontation, cross-examination, and representation by counsel. (d) Probation, conditional discharge, periodic imprisonment and supervision shall not be revoked for failure to comply with conditions of a sentence or supervision, which imposes financial obligations upon the offender unless such failure is due to his willful refusal to pay.
The general area of Illinois statutes you may want to research is found at Title 30 of ILCS - CORRECTIONS ( link below).
You may also want to take a look at an e-How web page on Illinois parole violation laws (link also below).
Notwithstanding your own research, you would most certainly be best served by consulting an Illinois lawyer familiar with that state's criminal and parole laws.
"The law" is a very complex profession, and all specific legal questions will depend on a variety of facts that you may not think to include in your questions on this forum. I am not your attorney, and in answering your question you must understand that I cannot and do not give you legal advice upon which you are entitled to rely. At best, I hope that my answer, and others you find here, will give you a basis for better understanding of the issues you face so that you can provide complete information to a lawyer that you retain to give you advice and representation on which you can confidently rely.
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