By Steve Haney posted in Court Supervision on Sunday, July 24, 2011
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, court 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.