Is Court Supervision a Conviction?

 Posted on July 23,2015 in DUI

When you have been charged with a crime for the first time, it can be very overwhelming. The criminal justice system can seem very confusing, impersonal, and, often, extremely frightening. You probably realize that a conviction on criminal charges can carry serious penalties and greatly impact your future opportunities. In some cases, however, such as a first-time DUI offense or misdemeanor retail theft, you may be eligible for court supervision as a preferable alternative.

Court Supervision Defined

Under Illinois law, for most misdemeanor offenses, a presiding judge may elect to place a defendant under the supervision of the court rather than immediately handing down a conviction. An order for court supervision, in effect, places the criminal proceedings on hold for a reasonable amount of time based on all of the relevant factors in the case. The law limits the length of such orders to a maximum of two years, which may only be extended in very specific circumstances. During the period of supervision, a defendant is expected to fully comply with the conditions set forth by the court, or risk imprisonment and revocation of the order.

Conditions of Court Supervision

Any and all conditions of an order for supervision should be directly related to the defendant’s offense or rehabilitation. Statutorily, such conditions may require that an individual under court supervision:

• Make regular reports to the court or other designated agency;
• Pay fines and expenses related to supervision or make contributions to anti-crime programs in lieu of fines associated with conviction;
• Continue to work or attend school;
• Undergo medical, psychiatric, or substance abuse evaluation and treatment;
• Perform community service;
• Continue to support dependents;
• Refrain from illegal drug use;
• Avoid certain people and geographic areas;
• Refrain from possessing a firearm; and
• Comply with any other condition found to be reasonable by the court.

Upon successful completion of the supervision period, the court will dismiss the original charges. With a few limited exceptions, the dismissed charges may be eventually eligible for complete expungement from the defendant’s record.

If you have been charged with misdemeanor crime in Illinois, and would like to know more about the court supervision process, contact an experienced criminal defense attorney in Arlington Heights. We will help you understand your options and work with you in deciding whether to pursue court supervision or to fight for a full acquittal. Call 847-253-3100 to schedule your consultation today.