Our criminal defense attorneys often get asked, “Will my probation agent violate me”? So we thought it would be a good idea to explain exactly what you can expect if you get violated, or accused of violating your probation in Michigan. Let’s start with the basics…
Probation isn’t the same as parole.
People sometimes mix up probation and parole, sometimes assuming that they’re the same thing, but they aren’t! Parole refers to the release of a prisoner before the completion of their sentence, on the promise of good behavior. When a prison inmate is on parole, they’re still serving their prison sentence. The prison system can choose to put them back in prison for any reason at all. Violate parole and your parole agent can lock you up immediately.
Probation, on the other hand, is what the court sentences you which may or may not be in addition to going to jail. So technically, both probation and parole are alternatives to incarceration, but probation is intended to let a person prove to the court that they want to rehabilitate themselves either instead of, or in addition to jail time. So even after serving jail time and then serving probation time, a defendant can have their probation revoked and the judge can send them back to jail.
What are the rules when you’re on probation?
There aren’t any hard and fast rules that apply to every probation situation. This is because in each case, the judge hands down specific probation orders that have to be followed by that person. However, here are a few of the more common probation conditions and restrictions that Michigan Judges use often:
- You may not use illegal drugs or alcohol or possess a weapon
- You may not leave the state without permission
- You may not get arrested for any other crime
- You may not miss an appointment with your probation officer
- You may not miss any of your court dates
- You may not move to a new home or change jobs without notifying your probation officer
What counts as a probation violation?
This may seem like it’s pretty straightforward. After all, if you’re not allowed to take drugs and you do, or you get arrested when the conditions clearly stated that you weren’t allowed to, then you’ve obviously violated your probation. But it’s actually more complex than that. For example, your probation officer has a lot of discretion, so in many cases it’s up to your probation officer to decide if they’re going to “violate you”.
What should I do? I’m going to get into trouble for violating my probation!
If you’re getting violated for breaking probation, before you do anything else, you should call us here at The Kronzek Firm at 866 766 5245 (866 7No Jail) and talk to a skilled probation violation defense attorney. We’ve spent decades helping people in Michigan fight for their freedom and protect their futures. We can help you too. Our attorneys are on call 24/7, because we understand that emergencies happen outside of the regular 9 to 5 schedule.