Document Type
Article
Media Type
Text
Abstract
When considering a defendant's motion to reconsider his sentence or motion to reduce his sentence, Illinois courts apply principals of contract law to hold the defendant to his negotiated plea agreement. However, courts only utilize contract law to enforce the sentence length and not other material terms of a negotiated plea. Specifically, Illinois courts have not enforced search conditions in probation or parole orders when challenged through a motion to quash and suppress. The failure to extend the use of contract principals to the search term of a sentence could create a conflict with how courts enforce negotiated pleas. In addition, a court's failure to uphold the search condition of a parole or probation term may have a negative impact on the State's willingness to enter into a plea agreement.
First Page
43
Last Page
57
Publication Date
11-1-2007
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Chmelar, Michael
(2007)
"Contract Law and its Potential Impact on Parole and Probation Searches,"
Northern Illinois University Law Review: Vol. 28:
Iss.
1, Article 1.
Suggested Citation
Michael Chmelar, Contract Law and its Potential Impact on Parole and Probation Searches, 28 N. Ill. U. L. Rev. 43 (2007).
