The State filed a Petition to Revoke my sentence. What does that mean and what do I do next?
If you're on probation in Illinois and accused of violating its terms, the next step may be a Petition to Revoke Probation. This legal process can happen quickly—and without warning—so it's essential to understand what you're facing and how to protect yourself.
What Is a Petition to Revoke?
When a probation officer or prosecutor believes you’ve violated the terms of your probation—by missing appointments, failing a drug test, getting arrested for a new offense, or even technical violations—they may file a Petition to Revoke with the court.
This petition asks the judge to revoke your probation and impose additional penalties, which could include:
Harsher probation conditions
Jail or prison time
Additional fines or restitution
You are entitled to a hearing on the petition, but the rules are different than in a regular criminal trial.
The Hearing Process
Once the Petition to Revoke is filed:
You’ll be summoned to court or taken into custody.
A hearing will be set where the judge determines whether a violation occurred.
The prosecution only needs to prove the violation by a preponderance of the evidence, not beyond a reasonable doubt.
You have the right to an attorney and to present evidence in your defense.
If the judge finds that you did violate probation, they can:
Reinstate probation with the same terms
Modify the conditions
Extend the length of probation
Revoke probation entirely and sentence you to jail or prison
This is why you need a skilled advocate who can challenge the evidence and argue for a favorable outcome.
Why You Should Never Go Through This Alone
The Petition to Revoke process moves fast—and your future could change in a single hearing. Without an experienced defense attorney, you’re at a serious disadvantage. Even technical violations, like forgetting to check in with a probation officer, can lead to serious penalties if not properly defended.
At the Law Offices of Richard Waller, we understand how to challenge probation violation claims, negotiate with prosecutors, and present compelling arguments to the court. We know how to protect your rights and your freedom.
If you’ve been served with a Petition to Revoke, don’t wait. Talk to an experienced criminal defense attorney today.
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