Petition to Revoke SentenceYou've already plead guilty and been sentenced to probation. You are prohibited from taking any controlled substances and are required to submit to random drug testing. You were notified by your probation officer that you tested positive, and they are sending your case back to court to inform the judge of the violation of your sentence.
Now what happens?
The prosecutor is going to file a petition to revoke your sentence, otherwise known as a PTR. A petition to revoke is not limited to positive drug tests. There are a number of reasons which would allow a prosecutor to file a PTR. The petition to revoke is a method the State will use to try to resentence you to a harsher sentence then was initially imposed. Most people don't think they need a lawyer in petition to revoke statue, because they already pled guilty. This couldn't be further from the truth.
The State will try and resentence you at the first sign of a slip up. You are eligible to be resentenced up to the maximum sentence of the crime you originally plead guilty to. Unlike a trial which needs to be proven “beyond a reasonable doubt”, in a Petition to Revoke hearing, evidence of a violation of sentence only needs to be proven “by the preponderance of the evidence” which is a much lower burden.
Speak to an DuPage County attorney at Lafata Law about getting back on track and working to keep the sentence originally imposed without being resentenced.