Supervision. I always urge clients to understand the potential outcome of their cases. Especially, when this is the first time a client has been charged with a crime. Understanding goes beyond simply jail time or a fine. In Illinois, the most common dispositions for a criminal or traffic matter are supervision, probation, conditional discharge, periodic imprisonment, imprisonment, a fine, and restitution. 730 ILCS 5/5-5-3(b).
After I explain the possible dispositions to my clients, many clients want supervision because, under Illinois state law, it does not constitute a “conviction” or a “sentence.” If my client receives supervision and completes it successfully, then the court will dismiss the charge and my client will not have a conviction on his record. However, under 730 ILCS 5/5-6-1(c), a defendant who is charged with a felony or any of the Class A misdemeanor offenses is not eligible for supervision:
Importantly, there are other traffic and criminal offenses that a person cannot receive supervision for. For example, a defendant is not eligible for supervision if he has been charged with driving under the influence of alcohol or drugs (625 ILCS 5/11-501) and the defendant has prior conviction or assigned supervision for a violation of 625 ILCS 5/11-501.
Most importantly, for client’s with a heavy right foot, under 730 ILCS 5/5-6-1(k), a defendant is not eligible for supervision if he is charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the last 12 months preceding arrest, he was given supervision on 2 occasions for a violation for similar provisions.