Thank you for joining us again for the wrap up of this three part series on probation and probation violations in Michigan. If this is the first time you’re joining us, we recommend that you take a few minutes to go back and look over the first and second articles to get caught up. However, for those of you who’ve been with us from the start, let’s dive right in where we left off…
What happens if you violate the conditions of your probation?
If you are suspected of violating your probation, the court may take several different steps. If the violation was extremely minor, or a technicality, the court may choose to do nothing. If however, the violation was something more serious, you will either receive a letter notifying you of a probation violation hearing. Michigan law states that you have a right to an arraignment and that you must be notified of the allegations against you. If you believe that the allegations of probation violation are incorrect, you have the right to a probation violation hearing. At this hearing, the prosecutor or probation agent has to prove with evidence that you violated a term of your probation. You have the right to be presumed innocent of that allegation.
What are the consequences of probation violation?
If the court finds you guilty of violating the conditions of your probation in Michigan, there are a number of options available to them.
- You could be issued a warning
- You could be fined
- You could have the conditions of your probation modified (to include additional meetings, counseling sessions or community service hours) or have more restrictions imposed on you (like a curfew or an electronic tether)
- You could have your probation period extended or required to spend some time in jail
- You could have your probation revoked or modified, and instead be sentenced on the underlying offense which means that you would go to jail or to prison.
Should you have a probation violation attorney?
Absolutely! There is too much at stake here to make the mistake of representing yourself in court. Almost as bad is hiring an attorney who has no experience in this area. At a violation or revocation or probation hearing here in Michigan, finding a violation of your probation must be based on a “preponderance of the evidence” (which means it is more likely than not), rather than the stricter “beyond a reasonable doubt” standard for a criminal proceeding. Getting an attorney who has years of experience will make all the difference to your case, and can ensure that you get the best possible results in your situation.
If you or a loved one are accused of violating parole or probation in Michigan, or are accused of a crime in Michigan, contact our skilled criminal defense attorneys immediately at 866-766-5245. We have decades of experience successfully representing clients all over the state, and we can help you too. An attorney is standing by 24/7 to take your call and help you make the right legal choices for your specific situation.