Criminal Law FAQs – Probation Violations

According to Michigan State Law (Michigan Compiled Laws – MCL), a Probation Violation occurs when a person who has been sentenced to probation fails to comply with the terms and conditions of their probation order. These terms and conditions are set by the sentencing judge and can vary widely depending on the underlying crime and the individual’s circumstances. Which creates a point of where it is deserved.

FAQ 1: What constitutes a violation of probation in Michigan?

MCL 771.3 outlines the process for addressing probation violations but doesn’t provide an exhaustive list of what constitutes a violation. Generally, a violation occurs when a probationer fails to adhere to any of the specific conditions ordered by the court. These conditions can include, but are not limited to:

• Failure to report: Not meeting regularly with the probation officer as scheduled.
• Failure to pay fines, costs, or restitution: Not making required payments on time.
• Positive drug or alcohol tests: Using substances prohibited by the probation terms.
• Failure to attend or complete required programs: Not participating in or finishing counseling, treatment, or educational programs.
• Absconding or leaving the jurisdiction without permission: Moving or traveling outside the allowed area without the probation officer’s approval.
• Committing a new crime: Being arrested or convicted of another offense while on probation.
• Violation of a no-contact order: Contacting individuals specifically prohibited by the court.
• Failure to maintain employment or residence: Not adhering to requirements regarding work or living situation.
• Possessing weapons: Violating prohibitions on owning or possessing firearms or other weapons.
• Any other specific condition imposed by the judge.

Any deviation from these court-ordered conditions can be grounds for a probation violation.

FAQ 2: What are the potential consequences of a probation violation in Michigan?

MCL 771.3 details the potential consequences of a probation violation. When a probation officer has probable cause to believe a violation has occurred, they can take the probationer into custody or issue a notice to appear in court. The court will then hold a hearing to determine if a violation did occur. If the court finds that a violation has been established, the potential consequences can include:

• Continuation of Probation: The court may decide to continue the probation with the original conditions or modify them (e.g., adding more restrictive conditions, extending the probation period within the statutory limits).
• Jail Time: The court can impose a jail sentence as a consequence of the violation. The length of the jail sentence will depend on the severity of the violation and the original underlying crime. For misdemeanors, this could be up to the maximum jail sentence for the original offense. For felonies, the court can impose a jail sentence up to the maximum sentence for the original crime, although they are often more limited based on the nature of the violation and the probationer’s overall performance on probation.
• Revocation of Probation and Imprisonment: In more serious cases, especially for repeated violations or the commission of a new crime, the court can revoke probation and sentence the probationer to prison for the underlying felony offense. The length of the prison sentence will be determined based on the original sentencing guidelines.

The specific consequences will be determined by the judge after considering the nature of the violation, the probationer’s history on probation, and other relevant factors.

FAQ 3: Can I be arrested for a probation violation?

Yes, you can be arrested for a probation violation in Michigan. MCL 771.3 specifically grants probation officers the authority to arrest a probationer without a warrant if they have probable cause to believe that the probationer has violated a condition of their probation. Additionally, a warrant for your arrest can be issued by the court upon a showing of probable cause that a violation has occurred.

If you are arrested for a probation violation, you will typically be held in custody pending a probation violation hearing before the judge who originally sentenced you.

FAQ 4: What should I do if I think I may have violated my probation?

If you believe you may have violated a condition of your probation in Michigan, it is crucial to take proactive steps:

1. Contact your probation officer immediately. Be honest and upfront about the potential violation. While this may seem counterintuitive, it can sometimes demonstrate a willingness to cooperate and take responsibility.
2. Do not try to hide or ignore the situation. This will likely make matters worse and could lead to more serious consequences, including a warrant for your arrest.
3. Document everything related to the potential violation. Gather any relevant information, such as dates, times, reasons for the violation, and any attempts you made to rectify the situation.
4. Seek legal counsel immediately. Contact a criminal defense attorney experienced in probation violations. An attorney can advise you of your rights, help you prepare for any potential hearings, and advocate on your behalf.

FAQ 5: How can a lawyer help me with a probation violation hearing in Michigan?

A lawyer can provide invaluable assistance during a probation violation hearing in Michigan in several ways:

• Understanding Your Rights: Your lawyer will ensure you understand your rights throughout the process, including your right to a hearing, to present evidence, and to confront witnesses.
• Investigating the Alleged Violation: Your lawyer can investigate the circumstances surrounding the alleged violation to determine if there are any mitigating factors or if the violation can be challenged.
• Negotiating with the Prosecutor: Your lawyer may be able to negotiate with the prosecutor or the probation officer to reach a resolution that avoids the most severe consequences, such as jail or prison time.
• Presenting Evidence and Testimony: Your lawyer will help gather and present evidence and testimony on your behalf to explain the violation, demonstrate efforts to comply with probation, and highlight any mitigating circumstances.
• Cross-Examining Witnesses: If witnesses are called against you, your lawyer has the right to cross-examine them to challenge their testimony and protect your interests.
• Advocating for a Favorable Outcome: Your lawyer will advocate to the judge for the least restrictive outcome possible, such as continuing probation with modified conditions rather than imposing jail or prison time. They will present arguments based on your circumstances, your history on probation, and any positive steps you have taken.
• Navigating the Legal Process: Probation violation hearings can be complex. Your lawyer will ensure that all legal procedures are followed correctly and that your rights are protected at every stage.

Having experienced legal representation is crucial when facing a probation violation hearing, as the outcome can significantly impact your freedom and future.

Facing Probation Violation in Michigan?

Facing a Probation Violations charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court