You have probably heard the term “court supervision” if you have ever been to traffic or misdemeanor court (I’m not judging). Your lawyer or the judge probably told you supervision was not a conviction and it didn’t go on your record. Great. Now that we know what court supervision in Illinois is not, let’s take a look at what it is.
You have probably heard the term “court supervision” if you have ever been to traffic or misdemeanor court (I’m not judging). Your lawyer or the judge probably told you supervision was not a conviction and it didn’t go on your record. Great. Now that we know what court supervision in Illinois is not, let’s take a look at what it is.
1. What is court supervision in Illinois?
1. What is court supervision in Illinois?
Court supervision in Illinois is defined as, “a disposition of conditional and revocable release without probationary supervision…”
Oh, boy, what a mouth-full. Let’s continue…
“but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.” 730 ILCS 5/5-1-21.
Huh? Hang on, let me get the English translation.
English translation: Supervision means the case is continued for a certain amount of time. During that time, you have to fulfill the conditions set by the court. There is no conviction entered against you. If you do what the court says, the case is dismissed at the end.
Simpler translation: Court supervision in Illinois is GOOD.
Court supervision in Illinois is defined as, “a disposition of conditional and revocable release without probationary supervision…”
Oh, boy, what a mouth-full. Let’s continue…
“but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.” 730 ILCS 5/5-1-21.
Huh? Hang on, let me get the English translation.
English translation: Supervision means the case is continued for a certain amount of time. During that time, you have to fulfill the conditions set by the court. There is no conviction entered against you. If you do what the court says, the case is dismissed at the end.
Simpler translation: Court supervision in Illinois is GOOD.
2. What does the judge consider when deciding whether or not to grant court supervision in Illinois?
2. What does the judge consider when deciding whether or not to grant court supervision in Illinois?
This sections assumes you are eligible for court supervision in Illinois. The judge considers the circumstances of the offense. Next, he/she considers your history, character, and condition.
The judge must believe you are not likely to commit more crimes/violations. Second, he/she must think you and the public would be best served if you received supervision. Further, the judge must opine (word of the day) that it would be in the best interests of justice.
This sections assumes you are eligible for court supervision in Illinois. The judge considers the circumstances of the offense. Next, he/she considers your history, character, and condition.
The judge must believe you are not likely to commit more crimes/violations. Second, he/she must think you and the public would be best served if you received supervision. Further, the judge must opine (word of the day) that it would be in the best interests of justice.
3. Is there a limit to how many times I can receive court supervision in Illinois?
3. Is there a limit to how many times I can receive court supervision in Illinois?
Yes, there is a limit to how many times you can receive court supervision in Illinois.
First, you are not currently eligible to receive supervision if you have received it twice within the last 12 months (traffic).
Second, you cannot receive supervision for a moving violation if you are under 21 years-old, unless you agree to complete a traffic safety program.
Third, you cannot receive supervision if you are under 21 years-old, are charged with a serious traffic offense, and have received supervision in the past for such an offence. For example, you are charged with aggravated speeding and have received supervision for a serious traffic offense in the past.
There are other limits to receiving court supervision in Illinois. I don’t have all day to sit here and type them out. Sorry.
Yes, there is a limit to how many times you can receive court supervision in Illinois.
First, you are not currently eligible to receive supervision if you have received it twice within the last 12 months (traffic).
Second, you cannot receive supervision for a moving violation if you are under 21 years-old, unless you agree to complete a traffic safety program.
Third, you cannot receive supervision if you are under 21 years-old, are charged with a serious traffic offense, and have received supervision in the past for such an offence. For example, you are charged with aggravated speeding and have received supervision for a serious traffic offense in the past.
There are other limits to receiving court supervision in Illinois. I don’t have all day to sit here and type them out. Sorry.
4. If I received court supervision in Illinois in the past, could the court consider it in sentencing me now?
4. If I received court supervision in Illinois in the past, could the court consider it in sentencing me now?
Yes, if you received court supervision in Illinois in the past, and are now facing another charge, the court can consider it a prior offense for the purpose of imposing a penalty.
For example, you have received ten speeding tickets in the past 5 years, but received supervision on every single one of them. First, the judge will say you have a horrible record. Then, he/she may refuse to give you supervision again, even though your are eligible.
Yes, if you received court supervision in Illinois in the past, and are now facing another charge, the court can consider it a prior offense for the purpose of imposing a penalty.
For example, you have received ten speeding tickets in the past 5 years, but received supervision on every single one of them. First, the judge will say you have a horrible record. Then, he/she may refuse to give you supervision again, even though your are eligible.
5. A tip about court supervision in Illinois misdemeanor cases.
5. A tip about court supervision in Illinois misdemeanor cases.
Receiving court supervision in Illinois is a great opportunity to move on with your life without a criminal conviction. It makes things easier for you in terms of employment, education, and housing. In most cases, you can eventually have the entire case expunged. Don’t let the opportunity go to waste.
Receiving court supervision in Illinois is a great opportunity to move on with your life without a criminal conviction. It makes things easier for you in terms of employment, education, and housing. In most cases, you can eventually have the entire case expunged. Don’t let the opportunity go to waste.