Many of my clients ask me, “What is supervision?” In Illinois, if you are charged with a misdemeanor criminal offense you are most likely eligible for “Court Supervision” even if you are found guilty after a trial by a judge or jury.
If you plead guilty or are found guilty of a misdemeanor offense you will suffer either a criminal conviction or a disposition of supervision. A criminal conviction carries with it a sentence of probation, conditional discharge, imprisonment, or a combination of the three.
How Does Court Supervision Work?
A disposition of supervision technically postpones the proceedings and the imposition of a sentence. However, supervision often includes reporting to a supervision officer, community service, drug or alcohol treatment, and/or restitution. At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.
Discharge and dismissal upon a successful conclusion of supervision shall be deemed without adjudication of guilt and will not be defined as a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.
Disadvantages of Court Supervision
There are also some drawbacks to supervision. While supervision is a great result for most misdemeanor charges, individuals charged with domestic battery, resisting arrest, or unlawful use of a weapon are not eligible for supervision. Further, an individual charged with a DUI offense is only eligible for court supervision once in their lifetime. Supervision is also unique to Illinois and under federal law a plea of guilty satisfies the federal definition of conviction. Finally, some of my clients complain that during a background check cases with dispositions of supervision remain on their record as pending instead of dismissed or not appearing.
If you are charged with a misdemeanor in Chicago or the State of Illinois, you should contact an experienced defense attorney to help decide if court supervision is a possibility in your case. Contact Richard at Fenbert & Associates, LLC for a free consultation.