Welcome back and thanks for joining us. We’ve been discussing probation violations in Michigan, and what that can mean for you. As we mentioned in the previous article, a lot depends on your probation officer, but in the end it’s really the judge who gets to decide whether or not a violation has occurred, and what should be done about it. Frankly, judges defer a lot go recommendations by the probation agent.
What will happen to me if I violate my probation?
As Attorney Chuck Kronzek points out, “The answer to that question can be anything from dismissing the probation violation, to finding a violation but not imposing a sanction, and even revoking your probation. It all depends on the individual case, defendant, and the judge.” However, there are some common consequences for violating your probation that many Michigan judges use, which can include:
- Revoking your probation (which usually means sending you to jail)
- Modifying the conditions of your probation, usually to be more strict
- Extending your probationary period
What if my probation officer said I violated, but I didn’t!
Sometimes probation officers overstep their bounds and exert their authority when it isn’t needed. This tends to happen when they tell a probationer that they can’t do something that wasn’t included as a condition of probation. In essence, they “violate you” when you didn’t actually violate any of the conditions listed in your probation order. Only judges can make probation orders while probation agents help to monitor them.
This could include anything from enforcing curfews that the judge never required, or requiring you to cut social ties with certain people who aren’t named in your probation order. Either way, when your probation officer oversteps their authority, you need to speak to an experienced defense attorney who can help you protect yourself.
Can I use medical marijuana while I’m on probation?
This is an interesting subject, and one that can cause a lot of confusion, because there isn’t a textbook answer. Medical marijuana is legal in Michigan for people who’ve been licensed by the state to consume it as a patient, but what happens when a patient is put on probation? Can they continue to use medical marijuana, or does it now suddenly count as a “drug” which most probation conditions forbid? Only the judge can answer that question.
Some Michigan Judges are in favor of allowing patients to keep using their medical marijuana as long as they have a valid patient card. Other Michigan judges are so against the use of marijuana that they forbid all probationers from using it, whether or not they’re legally licensed cardholders. (Those judges that don’t permit any use of medical marijuana are perfectly within their authority to do so – after all, using marijuana is still a federal crime!) It all depends on your judge, so discuss your concerns with your criminal defense attorney and they’ll help you figure out your best course of action.
What should I do? I’ve violated my probation in Michigan!
If you have been violated, or if you think you might be violated, call The Kronzek Firm PLC at 866 766 5245 (866 7No Jail). Our highly skilled defense attorneys at The Kronzek Firm have spent decades helping people all over the lower peninsula of Michigan protect their futures and stay out of jail. We understand that probation violation can mean a lot of things, and in many cases, there was no violation at all, or nothing more than a misunderstanding. So call us today and talk to someone who can help.