Sentencing (including probation revocations)
Although your client may been found delinquent there is still a lot a defender can do to adovcate for an appopriate sentence for their client. These sample documents include different adovcoacy tools and ideas that may be useful for defense attorneys.
The attorney in this case created her own dispositional report/plan because the recommendation of the assistant state’s attorney and probation officer was to send her client to the Department of Juvenile Justice. The attorney tailored this dispositional report/plan to her client’s background, needs, desires and abilities while at the same time taking into account the State’s and the probation officer’s viewpoint. In this plan the attorney poses a reasonable alternative to incarceration.
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Case focuses on whether it is permissible to re-sentence a minor probationer to DJJ where the revocation is based on non-criminal conduct. The only section of this Appeal that is no longer current is the reference to Illinois Redeploy as a pilot program. Recently the legislature converted this to a permanent program.
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Brief arguing against sending a client to DJJ based on a non-arrestable probation violation.
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