Violation of Probation Charges Dismissed After Hearing in Rolling Meadows
by James G. Dimeas | Jan 26, 2015 | Recent Victories |
In 2011, my client with charged with numerous offenses involving the Unlawful Use of Credit Cards, Identity Theft, Theft, and Forgery. My client had been living with her mother and intercepting her mail and began making balance transfer requests without her mother’s consent, to her personal bank accounts and to pay off her credit cards. She also used her mother’s credit cards without her consent. The amount of money that had been stolen amounted to almost $50,000. My client has several mental and physical disabilities which means that she cannot live on her own and cannot work. She eventually plead guilty to several felonies, including a Class 1 felony, and received probation. The statute requires that restitution be paid if the victim was over 72 years of age. So, to satisfy that elements of the statute, the Court entering a Memorandum of Judgment against my client when she was sentenced. The Judge had no expectation that she would be able to repay the restitution in this case. As my client’s Probation was about to end, the probation department filed a Petition to Violate her Probation because she had not paid back the restitution. At the sentencing hearing in 2011 the court did not properly make a record of the fact that the Memorandum of Judgment was entered in lieu of actually ordering that she repay the restitution so the matter proceeded to a hearing. At the hearing, at the Rolling Meadows Courthouse in Cook County, I was able to show that both of my client’s parents had died since her sentencing, and that now she was being taken care of by her brothers and sister. I was able to show that she is unable to take care of herself, has several developmental disabilities, physical and mental, and had been unable to find employment even though she had applied many times for work. I argued that her non-payment of restitution was not willful and the Court agreed. The Petition to Revoke her Probation was dismissed and her probation was terminated. If we had lost, our client was facing a minimum of 4 years in prison.