AZHARI LLC BLOG

Jun. 19 2016

What is a conviction and what isn’t?

Posted By: Sami Azhari
Category:

SENTENCES CONSIDERED CONVICTIONS IN ILLINOIS

Conditional Discharge

This is a criminal sentence that does not involve incarceration or supervision by a probation officer, but where the court will require a defendant to meet certain conditions.  This can result in incarceration if the conditions of release are violated. 

Probation

This is a criminal sentence that does not involve incarceration but where a defendant is under the periodic supervision of a probation officer.  This can result in incarceration if the conditions of release are violated.

Parole

This is part of a criminal sentence that involves release after a period of incarceration where the defendant is then subject to periodic supervision by a parole officer. This can result in re-incarceration if the conditions of release are violated. 

Time Considered Served

The time spent in jail awaiting criminal proceedings can be considered part of a defendant’s criminal sentence.   

Public or Community Service

Community Service does not always indicate that a defendant has been convicted of a crime but can be part of a criminal sentence upon conviction. Community service usually requires the defendant to work for free for a non-profit organization or a public entity like the government that will report back to the court on hours and progress.   

Prison or Jail Time

This is part of a criminal sentence that subjects you to incarceration in a prison or jail depending on what crime you were convicted of.  Generally, after a period of incarceration, you will be released on parole. 

Fines for Municipal Ordinance Violations

Sometimes the sentence for a criminal violation is payment of a fine.  If you cannot pay the fine, you may be subjected to incarceration.

SENTENCES THAT ARE NOT CONVICTIONS IN ILLINOIS

Supervision (if completed satisfactorily)

To get supervision, a defendant must plead guilty to the crime they are being charged with but will be released and subjected to any terms the court may place on them.  Most commonly for a first offense, people are given a few months of supervision where the key term is to have no further criminal violations.  If supervision is completed satisfactorily, the court will discharge the defendant and enter a judgment dismissing the charges without the defendant having to return to court.  If supervision is not completed satisfactorily, it can result in a violation of supervision, and ultimately, a conviction.  

1410/710 Probation

This is a type of probation given to first time drug offenders.  The defendant is placed in probation for up to two years during which time the proceedings are deferred.  There are conditions of this probation which include periodic drug testing, community service, and no further criminal violations.  If a defendant completes 1410/710 probation satisfactorily the charges will be dismissed.   

Release Without Charging

This is where the defendant is released after arrest without ever being charged with a criminal violation. 

Dismissals and Acquittals

A Finding of Not Guilty, Stricken off With Leave to Reinstate (SOL), Non-Suit, Nolle Prosequi, Finding of No Probable Cause, and Dismissed Without Prejudice.