Court supervision offers defendants the chance to avoid a conviction on their record if they comply with the terms set by the court. However, Illinois law prohibits court supervision in certain cases, as outlined in 730 ILCS 5/5-6-1. This statute can be complex because it references offenses by statute numbers instead of easily recognizable titles, requiring additional research.
To simplify this, I’ve broken down the key offenses and situations where court supervision is not available by offense category and legal title. If you have questions or need help navigating your case, contact me today for expert advice tailored to your situation.
Misdemeanor Offenses Not Eligible for Court Supervision
Certain misdemeanor offenses automatically disqualify defendants from receiving court supervision.
REFERENCE STATUTE | MISDEMEANOR OFFENSES NOT ELIGIBLE FOR COURT SUPERVISION |
Sexual Exploitation of a Child in violation of 720 ILCS 5/11-9.1 | |
Domestic Battery in violation of 720 ILCS 5/12-3.2 | |
Criminal Sexual Abuse in violation of 720 ILCS 5/11-1.50 | |
Dog Fighting in violation of 720 ILCS 5/48-1 | |
Resisting a Peace Officer in violation of 720 ILCS 5/31-1 | |
Escape in violation of 720 ILCS 5/31-6 | |
Aiding Escape in violation of 720 ILCS 5/31-7 | |
Criminal Damage to Property where damage is caused recklessly by fire or explosives in violation of 720 ILCS 5/21-1(a)(2) | |
Criminal Damage to Property where damage is caused by a fire in violation of 720 ILCS 5/21-1(a)(3) | |
Unlawful Use of Weapons in violation of any of the following subsections: 720 ILCS 5/24-1(a)(1), 720 ILCS 5/24-1(a)(2), 720 ILCS 5/24-1(a)(3), 720 ILCS 5/24-1(a)(4), 720 ILCS 5/24-1(a)(5), 720 ILCS 5/24-1(a)(8), 720 ILCS 5/24-1(a)(10), 720 ILCS 5/24-1(a)(11) | |
Cruelty to Animals in violation of 510 ILCS 70/3.01 | |
Depiction of Cruelty to Animals in violation of 510 ILCS 70/3.03-1 | |
Any involvement in an Animal Fighting or Killing for Entertainment in violation of 510 ILCS 70/4.01 | |
A second retail theft offense in violation of 725 ILCS 5/16-25, if the prior retail theft offense occurred within 5 years. | |
Failure of Scrap Processor to Keep Proper Business Records in violation of 625 ILCS 5/5-401.3 if the defendant has a prior violation within the last 5 years | |
A certified firearm instructor who provides false certification of completed firearm training in violation of 430 ILCS 66/70(i) |
Traffic Offenses Not Eligible for Court Supervision
Illinois law also limits court supervision for certain traffic violations, particularly for repeat or serious offenses.
​REFERENCE STATUTE | TRAFFIC OFFENSES NOT ELIGIBLE FOR COURT SUPERVISION |
​A second DUI offense in violation of 625 ILCS 5/11-501 (or any similar provision). | |
Overweight Vehicle in violation of 625 ILCS 5/15-111, 625 ILCS 5/15-112, or 625 ILCS 5/15-301 | |
Operating a Vehicle Without Proper Classification in violation of 625 ILCS 5/6-104 | |
Aggravated Speeding in a Construction Zone in violation of 625 ILCS 5/11-605.1(d-5) | |
​Failure to Yield to a Pedestrian in a Crosswalk in violation of 625 ILCS 5/11-1002.5 | |
​Improper Passing of a School Bus in violation of 625 ILCS 5/11-1414 | |
Improper Passing of an Emergency Vehicle (Class A violation only) in violation of 625 ILCS 5/11-907 | |
​Operating an Uninsured Motor Vehicle in violation of 625 ILCS 5/3-707 if the defendant has a prior violation within the last 5 years | |
Operating a Motor Vehicle when Registration Suspended for Non-insurance in violation of 625 ILCS 5/3-708 if the defendant has a prior violation within the last 5 years | |
​Display of a False Insurance Card in violation of 625 ILCS 5/3-710 if the defendant has a prior violation within the last 5 years | |
Operation of an Uninsured Motor Vehicle in violation of 625 ILCS 5/3-707 if you have previously been given court supervision for the same offense. | |
you can receive court supervision a maximum of two times within a 12-month period for moving violations. | |
Aggravated Speeding in violation of 625 ILCS 5/11-601.5, if the defendant has a previous conviction or supervision for Aggravated Speeding. | |
Speeding twenty-six (26) MPH over the speed limit in an urban district as defined by 625 ILCS 5/1-214 | |
​​Any traffic violation that is the proximate cause of death of another, and the driver has any prior court supervision or conviction for a traffic violation |
Age-Based Restrictions on Court Supervision for Traffic Offenses
Age plays a role in whether court supervision is available for younger drivers.
​REFERENCE STATUTE | ​AGE-BASED RESTRICTIONS ON COURT SUPERVISION FOR TRAFFIC OFFENSES |
If you are under eighteen (18) years old and commit a moving traffic violation, a Graduated License Offense in violation of 625 ILCS 5/6-107, or Failure to Wear a Seatbelt in violation of 625 ILCS 5/12-603.1, you cannot receive court supervision unless a parent appears in court with you | |
If you are under 21 years old and have committed a serious traffic offense, you cannot receive court supervision unless you complete a traffic safety program and pay all fines and court costs | |
If you are under 21 years old and have previously committed a serious traffic offense | |
If you are under 21 years old and have committed a moving violation, a graduated license infraction in violation of 625 ILCS 5/6-107, or failure to wear a seat belt in violation of 625 ILCS 5/12-603.1, then you must complete a traffic safety program in order to be eligible for court supervision |
Driving While License Suspended or Revoked
If your license was suspended or revoked, the following situations can disqualify you from court supervision.
REFERENCE STATUTE | DRIVING WHILE LICENSE SUSPENDED OR REVOKED OFFENSES NOT ELIGIBLE FOR COURT SUPERVISION |
​A second or subsequent violation of Driving While License Revoked in violation of 625 ILCS 5/6-303 where the basis for the revocation is a violation of Reckless Homicide in violation of 720 ILCS 5/9-3 | |
Driving While License Suspended/Revoked in violation of 625 ILCS 5/6-303 when the basis for the suspension/revocation is for a DUI offense in violation of 625 ILCS 5/11-501, a summary suspension in violation of 625 ILCS 5/11-501.1, or Failure to Report an Accident Involving Personal Injury or Death in violation of 625 ILCS 5/11-401(b) if within the last 10 years the defendant has received court supervision or a conviction for Driving While License Suspended | |
you can receive court supervision a maximum of two times within a 12-month period for moving violations. | |
​Driving While License Suspended in violation of 625 ILCS 5/6-303 when the suspension was based off a Statutory Summary Suspension in violation of 625 ILCS 5/11-501.1, the defendant was a "first offender" pursuant to 625 ILCS 5/11-500, and failed to obtain a monitoring device driving permit | |
Driving While License Suspended in violation of 625 ILCS 5/6-303 when the suspension was based off a Statutory Summary Suspension in violation of 625 ILCS 5/11-501.1, the defendant was a "first offender" pursuant to 625 ILCS 5/11-500, and obtained a monitoring device driving permit, but failed to have a breath alcohol ignition interlock device (BAIID) installed |
Final Thoughts
Understanding whether court supervision is an option can make or break your defense strategy. This overview highlights common disqualifying offenses, but the specific facts of your case may offer alternatives or other legal options. Court supervision can help you avoid a conviction on your record, and our firm is here to guide you through the legal process to explore every possible option for your defense.
If you’re facing charges, don’t navigate the complexities of Illinois statutes alone. Contact Fawell and Associates to discuss your case, understand your rights, and receive personalized advice tailored to your unique circumstances. With our experience and knowledge of the Illinois court system, we can help you work toward the best possible outcome.
Comments