What happens at a Macomb County probation violation hearing?

By Attorney James Czarneck|Czarnecki & Taylor PLLC|OCT 31, 2022

In Michigan, court may place someone on Macomb County probation after a conviction. The Michigan Legislature states that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant does not have a right to probation. The court can revoke a probationary term if the probationer violates any of the conditions set by the court. Revocation of Probation Statute.

One of the biggest concerns for many individuals placed on probation is a violation hearing. This can be a very nerve-racking situation and one that could have a drastic impact upon your life. For example, the court could put you in jail or revoke a special status where the court puts the conviction on your record. This article describes what you can expect from a Macomb County probation violation. The following information applies to both district court and circuit court violations.

Specific ways a criminal lawyer can help with your Macomb County probation violation.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 31, 2022

A Macomb County probation violation can be very difficult and quite stressful. If you are currently facing such a situation, you will need to hire an attorney who is well-versed in this type of legal matter immediately. Many factors go into defending against a probation violation, including what occurred leading up to the alleged violation. Probation violations can be complicated, so having legal representation could help avoid the violation or minimize the penalties you may face if convicted.

This article explains how an experienced criminal defense attorney can help you at a probation violation hearing. If you have been charged with a probation violation, it is vital to work with a skilled criminal defense attorney who can help you navigate the complex legal system and ensure that your rights are protected. A criminal defense attorney will assess your case and determine the best action to defend against the charges. Sometimes, this may entail negotiating a plea deal or litigating the matter in a violation hearing.

NyQuil use as a defense for a positive alcohol test while on probation.

By Attorney James Czarnecki| Czarnecki & Taylor PLLC|OCT 30,2022

NyQuil’s use as an alcohol test defense is offered as a way to explain a positive test for probation and interlock violations. While NyQuil contains alcohol, the effect should not be enough to produce a positive alcohol test result when used properly. The results would be negligible at best.

There are many reasons you should not use NyQuil as a defense for a positive alcohol test while on probation. First and foremost, the courts have heard this too many times. Using NyQuil as a defense against an alcohol test while on probation can actually make you look suspect in other ways. For example, will raise concerns about your overall sobriety, or suggest that you are trying to hide something from your probation officer.

The problem with NyQuil as an alcohol test defense is that the alcohol in a dose of NyQuil is too short-lived to produce a substantial blood alcohol level. NyQuil effects last for 2 hours before they subside entirely. Therefore, any test will capture your actual drinking pattern because the alcohol level would be at .00 a short time later.

What should you do if you failed a drug test while on probation in Michigan?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 1, 2022

If you fail a drug test while on probation, there are several consequences you may have to deal with in court. Probation officers will notify the judge of the violation. The judge will then determine whether to extend your probation period, sentence you to jail, or add other conditions. You may also be required to attend drug rehabilitation classes and counseling sessions as part of a mandatory treatment program. However, before the judge can sentence you for a violation, you are entitled to a hearing.

What are the consequences of a Michigan Probation Violation?

By James E. Czarnecki II| Czarnecki & Taylor PLLC| OCT 21, 2022

If you have been convicted of a criminal offense and are on probation, it is important to understand the consequences that can arise in a Michigan probation violation.

A Michigan probation violation typically occurs when an individual fails to meet one or more of the conditions imposed by the judge as enforced by the probation officer. Some common examples include missing appointments with your probation officer, failing to report for drug testing, testing positive, failure to pay fees, engaging in new criminal activity, associating with known criminals, or leaving the state without permission.