the law and i suggest you stick to what you think are your strongest points and if we have any questions about what we think are strong points we won't hesitate to ask if you see thank you  court as provided for elsewhere but it doesn't say in the state's attorney's act that it can't be provided else with the attorney general and he can only bring certain cases in criminal court like a cigarette use tax violation and the other way state's attorney when you're faced with this it's a i'm not going to prosecute this there's no one else to prosecute or if they still use them prosecuted isn't the state's attorney adopting this is their own well in fact i think that leads institutional to itself and for them to do anything in court in terms of filing would constitute the unlicensed practice of law and for that we should cite just them since no one else has ever said that including them they never explain we should just remind them proceedings against the defendant in the nature of the proceedings are such that the court then it can issue a warrant against a defendant is required to conduct a hearing in the supposedly so if  require to conduct a hearing here you have a probation officer who is a witness the only one with the evidence was gathered the evidence making a determination whether he has been enough evidence to go for work taking away the who can commence the proceeding so similarly i think you can interpret that i think the majority in inherent did interpret that to say well we know it's the state's attorney that that is responsible for filing it and that's why a conditional discharge of supervision or of a sense of county impact county incarceration none of which apply here may be modified by the court on motion of the supervising agency know that you pointed out subsection f which also gives the offender authority to file a petition but in denver the illinois supreme court distinguish between prison to do here one and a half years of real time i want to be violated now and so should that defendant file a few p motion revoke her own probation to force the court in the other county to the statute that way if you have you have the priest off certainly a person the witness the proceeding the only want the evidence the michoud in legal proceedings against the defendant and the state's attorney doesn't want to do that what happens to this petition wh know it's going to ok well i would argue that the state's attorney would and should know what's going on at once they receive the information from the probation department that is a pretty preclude the probation officer from contacting the state's attorney and say standing as the gatekeeper between a probation officer and some places and the consequences which potential consequences to a defendant who is going to lose is that r t d going to receive an additional adjudication let's make sure let's have an attorney who is an officer of the court and his legal knowledge to make sure that we're filing rather than the labor decision could you if you want to see anything else you want to address the actual violation of probation as far as the actual violation probation goes i think the reality in our brief that the evidence as presented at the hearing was weak and we did suggest that the state didn't meet its burden and i think that supports our first issue that you know we want to make sure we want to have the state's attorney to have the opportunity to a judge that the first of the probation officer as well as subsection aff probation officer has the right to modify the terms of the probation if you look at both those sections in tandem as well as the fact that five five six four it's notice it's determines whether to prosecute the state's attorney still has the burden to present evidence to bring a witness the probation department doesn't present witnesses the probation department doesn't argue before the court and after the state presents its position and meets the burden of proof it's the court that then makes a determination whether the defendant has filed has violated probation but you can also look at the probation and probation officers act although it is not explicitly stated that a probation officer has the right to file a violation of probation if you look under subsection night it's officially says that the probation officer is to perform such others duties as are provided for in this act and such incidental duties as may implied from those if a probationer is not allowed to drink alcohol then the probation officer sees the probation or drinking alcohol in a bar he can immediately arrest him and bring him before court if th papers i've already said is who notified the court so notified that there will be a hearing additionally this piece of paper has no independent legal consequences yes it's a notice but the probation officer can't do anything with it other than letting everyone know that the defendant h it is more than just a piece of paper they are commencing a legal action against the defendant which results in deprivation of his liberty adjudication on his record but it does have legal ramifications and it isn't clear that once that piece of papers filed the think that's worth that what is you miss once you go to prison for three years i mean that's there in the end i think there's really a factual dispute as to whether he really did miss i mean what the evidence was pretty vague and this is the case