Always, Always, Always

 

Be Sure To Ask

Your Attorney, and the Prosecutor and the Judge for

 

                                                    COURT SUPERVISION !!!

 

WHAT IS COURT SUPERVISION?

 

730 ILCS 5/5-6-1(c)

 

[Scott’s comment:  Court Supervision is like the Court System saying to you:  “Go your way, and sin no more.”  If you plead guilty and receive Court Supervision, you will not receive an official conviction].***

 

 

(c) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant, if the defendant is not charged with: (i) a Class A misdemeanor, as defined by the following provisions of the Criminal Code of 1961: Sections 12-3.2; 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section 24-1 [720 ILCS 5/12-3.2; 720 ILCS 5/12-15; 720 ILCS 5/26-5; 720 ILCS 5/31-1; 720 ILCS 5/31-6; 720 ILCS 5/31-7; 720 ILCS 5/21-1; 720 ILCS 5/24-1]; (ii) a Class A misdemeanor violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act [510 ILCS 70/3.01, 510 ILCS 70/3.03-1, or 510 ILCS 70/4.01]; or (iii) felony. If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that:

   (1) the offender is not likely to commit further crimes;

   (2) the defendant and the public would be best served if the defendant were not to receive a criminal record; and

   (3) in the best interests of justice an order of supervision is more appropriate than a sentence otherwise permitted under this Code.

 

UPON SUCCESSFUL COMPLETION OF THE SUPERVISION PERIOD (AND ALL OF ITS TERMS) THE CASE AGAINST THE DEFENDANT WILL BE DISMISSED.

 

 

MANDATORY TERMS OF ANY “COURT SUPERVISION” ORDER

ENTERED IN EFFINGHAM COUNTY, ILLINOIS

 

           1.        The Defendant shall not violate any criminal statute or ordinance of any

                      jurisdiction during the period of supervision; and

 

           2.        The Defendant promptly shall pay all fines and costs.

 

***       If you possess a Commercial Drivers License (CDL) you may be offered “court

           supervision,” but in many situations - even if you were driving a passenger automobile

           - the action later will be recorded as an official conviction due to provisions of the

           Uniform Commercial Drivers License Act (UCDLA) and the administrative regulations of            the Illinois Secretary of State’s office.

 

 

 

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Scott Ealy

Attorney at Law

“Remember, there’s no harm in asking.”

 

Scott Ealy