- People v. Colon, 225 Ill.2d 125 (2007) (loosing criminal case does not preclude being violated on the ptr)
- People v. Thoman, 381 Ill.App.3d 268 (5th Dist. 2008) (improper service of ptr kills jurisdiction – no tolling – personal service, summons or a warrant is required)
- People v. Martinez, 150 Ill.App.3d 516 (2nd Dist. 1986) (ptr filed on the last day was too late)
- People v. Taube, 299 Ill.App.3d 715 (2nd Dist. 1998) (ptr cannot be granted simply because defendant did not benefit from treatment)
- People v. Taube, 299 Ill.App.3d 715 (2nd Dist. 1998) (defendant can be violated for refusing to participate in some assignments)
- People v. Clark, 313 Ill.App.3d 957 (3rd Dist. 2000) (failure to comply with drug evaluation is basis for revocation – he had income and was aware of the deadlines – see 730 ILCS 5/5-6-4(d) for “willfullness”)
- People v. Neckopulos, 284 Ill.App.3d 660 (3rd Dist. 1996) (with failure to complete substance abuse program willfullness is not required – no 5th amendment violation is caused when defendant is called by the state to testify about technical – non criminal- violations)
- People v. Birt, 274 Ill.App.3d 805 (4th Dist. 1995) (state has the right to file motion to modify probation)
- People v. Tufte, 165 Ill.2d 66 (1995) (unconstitutionally obtained evidence may be used in a ptr hearing)
- People v. Dowery, 62 Ill.2d 200 (1975) (unconstitutionally obtained evidence may be used in a ptr hearing)
- People v. Keck, 226 Ill.App3d (3rd Dist. 1992) (unpaid fines must be willfully refused to be paid – court must make a finding as to defendant’s financial ability to pay – and sporadic employment must be his fault)
- People v. Davis, 216 Ill.App.3d 884 (2nd Dist. 1991) (restitution case, was his failure to find a job effectively considered a willful failure to pay restitution)
- People v. Woznick, 278 Ill.App.3d 826 (4th Dist. 1996) (corpus delicti not applicable in ptr hearing/admission alone can sustain a revokation and defendant need not be indicted, prosecuted or convicted of the offense to be revoked)
- People v. Walsh, 273 Ill.App.3d 453 (1st Dist. 1995) (this failure to pay fees was shown to be willfull – single instant of not reporting can get you violated)
- People v. Turner, 233 Ill.App.3d 449 (4th Dist. 1992) (written records admissible in ptr hearing – see rule 236(a), 730 ILCS 5/115-5(a), and the normal bus records exception, and the public records exception)
- People v. Melson, 19 Ill.App.3d 438 (5th Dist. 1974) (PTR pleading need not be as specific as an indictment but must be sufficient to apprise defendant of the nature of alleged conduct)
- People v. Moaton, 182 Ill.App.3d 161 (1st Dist. 1989) (made no payments toward restitution and was revoked)
- People v. Toran, 219 Ill.App.3d 991 (2nd Dist. 1991) (admission of drug us is admissible in ptr hearing if involuntary)
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
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