Court Supervision - An Illinois Sentencing Option
Court supervision is a sentencing option available for the majority of misdemeanor crimes committed in Illinois. Short of beating the case outright, court supervision is the next best alternative.
It is considered a deferred dismissal of the charge. No conviction enters during the period of supervision and upon its successful completion, the case is finalized as a dismissal. Therefore, a criminal conviction is avoided.
Avoiding a conviction is always an important goal for any criminal case. Some cases can be won on the merits, many cannot. For those that cannot gain an acquittal, cou rt supervision is the tool available to eliminate the sting of a criminal conviction. It is only available for misdemeanor charges, and there are a handful of Illinois misdemeanor crimes for which this sentencing option is unavailable.
Domestic battery, resisting arrest, obstructing justice, and second time offenders for DUI and driving on a revoked license are prohibited from receiving a sentence of court supervision. Supervision is available to almost all remaining misdemeanor offenses. These include offenses such as retail theft, battery, and disorderly conduct. It is also available to those alleged to be first time DUI offenders, as well as those charged with a first time offense of driving while revoked.
Additionally, a successful completion of a sentence of supervision will, typically, allow for the charge to be expunged. An expungement totally erases the history of the incident. Exceptions exist though and include DUI and any other traffic offenses.
Skillful representation by an experienced lawyer is always an important asset to use in order to best position a case to avoid a criminal conviction. Every jurisdiction has different practices and procedures. For any criminal misdemeanor charge prosecuted in the Joliet, Will County courts, court supervision can usually be secured by an attorney knowledgeable in the practices and procedures of the Will County misdemeanor courtrooms.
ABOUT THE AUTHOR: Attorney Steven C. Haney
Former Will County prosecutor practicing within the Will County, Illinois court system for over 25 years. Past chairman of the Will County Bar Association Criminal Law committee. Lead counsel certified by the Illinois Supreme Court for Capital Litigation. Member of the National Association of Criminal Defense Lawyers, and a 2011 member in Martindale-Hubbell's directory of Distinguished Attorneys.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.