What Is Court Supervision?

If you are found or plead guilty, depending on the type of crime or offense you committed, the Court could place you on what's called Court Supervision. This is the lowest form of punishment, and this is the best form of "punishment" for a person who committed an offense.

What is Court Supervision is best described as what it's not- a conviction. Court Supervision is *NOT* a conviction. That means if you are ever asked, mainly by your insurance company or on a job application, "Have you ever committed a crime?", the answer is unequivocally "NO".

730 ILCS 5/5-6-3.1 reads like this in part:

(d) The Court shall defer entering any judgment on the charged until the conclusion of the supervision.
(e) 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.

Many Judges I've worked with sees Court Supervision as a delayed dismissal of a case. I never viewed it that (I will explain why in a bit), but that goes to show you how beneficial Court Supervision is.

There are four main types of punishment: Court Supervision, Conditional Discharge, Probation, and a Conviction. The latter three are considered "convictions" and they will be discussed more in depth in a later post. For right now, we are just concerning ourselves with Court Supervision. 

If you ever get caught committing a minor driving offense like speeding, improper traffic lane usage, or failing to reduce speed to avoid an accident, you want Court Supervision. Generally what that means is that you'll just have to pay a fine, maybe attend a traffic safety class, and you'll be on your way. 

There are certain restrictions that happen when you are placed on Court Supervision. The main condition, is that you are not allowed to commit any offenses while you are on Court Supervision. If you get caught speeding and are placed on Six Months of Court Supervision, don't commit ANY offenses during that six month duration. That especially includes not picking up any more traffic tickets. The Court Supervision starts the day you go into Court and are assigned or plea to Court Supervision. That means if you pick up two traffic tickets before coming into Court, the second traffic ticket shouldn't affect your Court Supervision if that's what you received on your first traffic ticket. Now the Court or the Prosecutor will not be pleased with you for picking up two tickets with such a short span, but neither ticket should affect any Court Supervision you received, because you received both tickets before being placed on Court Supervision. 

The other main restriction placed on Court Supervision means that you are not allowed to sentenced to jail. This mainly comes into play for more serious charged such as DUI, Possession of Drug Paraphernalia, and Battery. Even for these more serious charges, a Court Supervision still means it does not count as a conviction on your record. 

Now just because you are placed on Court Supervision does not mean that what you did will remain hidden. It still is possible for employers or your insurance company to find out what you did, but again, you still have not been convicted of anything. For traffic related offenses, a Court Supervision still shows up on your driving abstract. Your driving abstract can be purchased for a nominal fee at your local DMV and Secretary of State office, and it a documentation of your driving history. There is a special section on your driving abstract just for Court Supervisions. Court Supervisions also show up if anyone runs a criminal background on you. So even though you may have complied with all of the terms of the Court Supervision, people are still aware aware of the offenses you have committed. 

Now Court Supervision sounds like the Court is watching you at all times, but it's generally quite the opposite. Most Court Supervisions are non-reporting- which means you don't need to check in with anyone. If you have paid your fine to the County Clerks office and taken the traffic school class (if that's what you're ordered to do), then you don't need to tell anybody anything. For certain offenses like DUIs and Possession of Cannabis, you may need to report to a Probation officer every now and then, but it's not as stringent as if you were actually on Probation.

In the State of Illinois, a person over the age of 21 is only allowed to get 3 Court Supervisions within a 12 month span. If you are under the age of 21, you are only allowed to get 2 Court Supervisions within a 12 month span. Also, if you are under 21 and you plead guilty or are found guilty of a traffic offense, even if you are put on Court Supervision, traffic safety school is mandatory. 

The following are common traffic and misdemeanor offenses that are NOT eligible for Court Supervision in the State of Illinois:

• Speeding 26 M.P.H. or higher
• Any DUI/DWI that is not your first one
• Domestic Battery
• Anything traffic charge committed by someone with a CDL (Any disposition for a CDL holder constitutes a conviction)

Just note, that if you do commit another offense while on Court Supervision or fail to abide by the terms of your specific Court Supervision Order, then it is possible for the State's Attorney's Office to revoke your Court Supervision. That means you can be dragged into Court and re-sentenced on the original charge. 

There are many, many more aspects to Court Supervision, and what many people have Court Supervisions Orders that are specific only to them. The following was meant to be solely informative, and it should not be construed as legal advice. For actual legal advice on your case, please contact The Law Offices of Adam J. Kaplan.

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NOTE: Adam J. Kaplan and The Law Offices of Adam J. Kaplan are NOT your attorney. You have not entered into an agreement with The Law Offices of Adam J. Kaplan. If you would like a free consultation or to be represented by The Law Offices of Adam J. Kaplan, please click on any of the links in this section or visit the "The Law Offices of Adam J. Kaplan" section on the middle, right side of this blog. The aforementioned was meant to be solely informative, and it should not be construed as legal advice.