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.

What must occur for you to be charged with a Macomb County probation violation

After a trial or plea-based conviction, the court may place you on probation rather than jail. When a court puts a person on probation, the court will impose several conditions that you must follow. This link will direct you to the Michigan Probation Conditions.

A Macomb County probation violation hearing is something that you can expect if you violate the terms of your probation. The hearing is conducted before a judge, and you must have legal representation to defend yourself adequately. If the judge determines a violation occurred, they may revoke your probation and sentence you to jail time.

Many things could lead up to a Macomb County probation violation hearing, including failing a required drug test or missing a court hearing. To avoid the possibility of losing your probation and being sent to jail, it is important to follow all the conditions of your probation without fail. This includes meeting with your probation officer regularly and avoiding further criminal charges or arrests.

Examples of conduct that will cause a probation violation.

A Macomb County probation violation occurs when a probationer ignores, avoids, refuses, or otherwise breaks the terms or conditions of probation during the supervision period.

Violations can include:

• Not appearing during a scheduled court appearance on a set date and time
• Not reporting to your probation officer at the scheduled time or place
• Absconding from probation
• Not paying the required fines and costs associated with the original offense
• Not paying restitution to victims as ordered by a court
• Contact with known felons
• Contact with persons listed in a no-contact order
• Traveling out of state without the permission of your probation officer or the court
• Not completing counseling, education, or treatment as required under the terms of probation
• Not maintain employment or attending school as ordered
• Not supplying documents as required by order of the court
• Positive, missed, or diluted drug or alcohol tests
• Having negative police contact
• Committing other crimes or getting arrested

There are many ways that someone can violate their probation sentence in Macomb County, and it is important to understand this to avoid making any mistakes or violating the rules of your probation.

What is the probation violation hearing process?

The probationer is entitled to a written copy of the probation violation report explaining how they violated probation. The probationer is also entitled to a hearing.

When a person violates probation, the process usually starts with the probation officer. The probation officer has the discretion to proceed or not with a violation. Probation officers can issue a warning or require that you appear in court for a probation violation hearing. In deciding which path to choose, a probation officer may consider the severity of the violation, past probation violations (if any), and other considerations.

If the court requests that you appear in court to answer the violation, you should always have an experienced criminal defense lawyer with you. Even at an arraignment, incarceration is a possibility.

What happens at a Macomb County probation violation hearing?

You have the right to a contested hearing where the probation officer and prosecutor have the burden of showing that you violated the terms imposed by the court. The prosecuting attorney must prove by a “preponderance of the evidence” that the violation occurred (more likely, greater than 50%). Your lawyer will cross-examine any witnesses that may appear.

You do not have to have a probation violation hearing. Before the hearing, your attorney will see the sentence recommendations. Suppose the probation violation report does not recommend jail or revocation of a special status like HYTA, “7411,” etc. In that case, a hearing is most likely not needed. You know what the outcome will be. The court will not usually impose a jail sentence under these circumstances.

You can still choose to forgo the hearing, even if the recommendation is for jail. If the probation violation allegations are true, it would not be wise to waste the court’s time with a hearing. Your attorney can persuade the court to give you another chance. Judges will hear arguments on your behalf. They do not always accept the probation officer’s recommendation for jail. Courts don’t want to put people in jail, so it helps to have an experienced attorney with you whom the court knows well.

What if you violated probation because you are charged with a new crime?

If you received a violation because of new charges, your attorney could adjourn the violation to see what happens in your other case. Frequently, if the new case gets dismissed, then the probation violation will get dismissed as well.  

Your legal rights at a probation violation hearing

The rules of evidence are “relaxed” at a probation violation hearing. This means that evidence not usually admitted in a trial can be admitted in a probation violation hearing.

You have the right to:

• receive written notice of the claimed violations against you – this is normally in the form of a bench warrant,
• be heard by a neutral judge in court,
• have an attorney represent you and if you can’t afford an attorney, have an attorney appointed to you, and
• to present evidence and witnesses to support your case or refute the evidence against you.

What happens at Sentencing?

If convicted of a Macomb County probation violation, sentencing will occur. The court has many available options. As the statute cited above shows, “If a probation order is revoked, the court may sentence the probationer in the same manner and to the same penalty as the court might have done if the probation order had never been made.” In our experience, most courts do not go to that extreme at a first probation violation. It does, however, depend on the facts of the case and the nature of the violation.

Most often, courts will:

•  extend your probation
•  impose additional terms
• order that you serve a brief time in jail
• revoke your probation altogether and sentence you to jail 
• the court may dismiss the violation
• impose counseling
• impose community service
• sentence to boot camp

During sentencing, you could lose HYTA or 7411 status because of a probation violation.

If the court took your original plea under the Holmes Youthful Trainee Act (HYTA), MCL 333.7411, MCL 769.4a, ‘under advisement,’ or some other’ deferral, you could lose this status. This is another reason to have a lawyer help you. You want to preserve those special status sentences and keep convictions off of your record.

A good criminal defense lawyer will work with probation and the court to not only mitigate your penalties, but will explain to the judge why it is so important that you keep your special status.

Penalties for violating probation.

One penalty for violating the terms of your probation sentence is jail time. This typically happens when you cannot adhere to certain terms and conditions set out by the court, such as refraining from using drugs or alcohol, completing a certain number of community service hours, paying restitution or fines on a specific schedule, or staying away from certain people or places. Sometimes, the violation may be relatively minor (for example, if you choose not to check in with your probation officer as required), while in other cases it may be more serious (such as committing another crime while on probation).

If the court finds that you violated the terms of your probation sentence, there are several options the court might consider. These include extending your probation period, increasing the severity of the original sentence (for example, by adding a jail term), or revoking your probation altogether. It is important to take your obligations seriously and to always act in accordance with the conditions set out by the court.

If you are facing charges for violating your probation sentence, it is important to work with an experienced criminal defense attorney who can help you mount a strong legal defense and advocate on your behalf throughout the process. Your lawyer can review the specifics of your case and develop a strategy that best positions you for success under the circumstances. With these efforts, you may avoid harsh penalties or even have the charges against you dismissed altogether.

The penalties associated with probation violations usually depend on various factors, such as the nature and seriousness of the violation, whether you have any prior violations, and whether other circumstances may lessen or worsen the severity of the situation. A probation violation may result in significant penalties, such as fines, extended probation, jail time, or more.

A probation violation can result in a prison sentence. For example, if the court sentenced a defendant to probation instead of prison, the defendant could still go to prison. A prison sentence must have been possible during sentencing. The probation violation law states: 

“If a probation order is revoked, the court may sentence the probationer in the same manner and to the same penalty as the court might have done if the probation order had never been made.” 

Probation revocation statute.

So, if you received a probationary sentence but could have received prison during the original sentencing, the court can sentence you to prison after a probation violation.

How a criminal defense lawyer will can help you with a probation violation.

An experienced lawyer can help you with your probation violation by providing you with legal support and representation throughout the process.

In probation violations, there are many factors that can contribute to the outcome of your case. The most important thing to remember is that you have rights, and a lawyer will work hard to protect those rights.

One key factor in determining the outcome of your probation violation is whether you had any prior convictions on record at the time of your current offense. If this is the case, it may be more difficult to successfully argue against a potential conviction for the violation. You must enlist the help of an experienced lawyer who can advise you on how to proceed and present your best case possible.

Besides providing you with legal support throughout the probation violation process, a lawyer can also help you understand your options. For example, if you have completed most of your probation terms but are facing serious consequences for violating one of those terms, a lawyer may work out an agreement that reduces or eliminates these consequences.

Working with a lawyer is the best way to ensure that you get the best outcome in your probation violation case. Whether it’s providing guidance and representation during negotiations or representing you in court, a lawyer can help you achieve your goals and protect your rights.

When you are facing a probation violation, it is important to work with an experienced lawyer who can help you understand the legal process and defend your rights throughout the process. A good lawyer will assess your situation, review any evidence against you, and build a strong defense that can help reduce or dismiss your charges. One of the best ways to do this is by hiring a criminal defense attorney who has extensive experience handling cases involving probation violations.

Examples of how our team helped clients with their probation violations.

Example number one.

What follows is an example from one of our cases. We represented a defendant charged with criminal sexual conduct first-degree. The facts showed a girl had called our client by accident. However, she kept calling him. Eventually, they “got together.” She lied about her age. The age difference was two years. I negotiated the case, and the prosecutor reduced the charges. The client received HYTA with probation. He avoided the probation department’s recommendation for prison.

Shortly into his probationary term, he violated by not updating his address. At stake: a prison sentence since the court could have put him in prison as initially recommended by probation. Again, the court can “sentence the probationer in the same manner and to the same penalty as the court might have done if the probation order had never been made.”

At the probation violation hearing, I argued successfully that the client should keep his HYTA status, keeping the offense off his record. I asked the court not to impose a prison sentence. The court agreed.

The story does not end there. Near the end of the three-year term of probation (maximum for HYTA probation), the client violated again. The same prison sentence could have been imposed. This time we faced a serious dilemma. A person placed on HYTA probation can only serve HYTA for a maximum of three years. We were at the end of the three-year term. The court wanted to give the client a year in jail this time. But, because of the HYTA restrictions, the court was placed in the position that it must revoke the client’s HYTA, place the conviction on his record, and sentence him to prison because the HYTA clock had run out. There were only 60 days left in the HYTA time limit.

I developed a plan to allow the client to keep his HYTA status and the criminal sexual conduct offense off his record if accepted. The client had violated probation by picking up a drinking and driving offense. When I went to the district court, I told the judge that the client would plead guilty and do a year in the county jail.

The judge was confused. The district court judge called me to the bench. I explained the circuit court judge wanted to give the client a year in jail but could not because the 3-year HYTA limit had been reached. I explained this judge needed to sentence the client to a year in the county so it could satisfy the circuit. If I could get this done, the circuit court judge would let him keep his HYTA. The district court judge agreed to my request.

Since I got the deal done in district court, the circuit judge accepted the plan. So, after two probation violations, the client avoided a CSC conviction, stayed off of the sex offender list, kept his HYTA, avoided prison, and is now successful and matured. Yes, the year in jail is not something a person wants to do, but I saved the client’s life and future when you consider the alternative. I kept him out of prison, off the sex-offender list, and kept the felony off of his record.

As you can see from this example, a probation violation can have drastic consequences on a person’s freedom and criminal history. Creative lawyering and a persuasive argument protected our client from his probation violations.

Example number 2.

Our team understands that people have been falsely accused of probation violations. An experienced lawyer can help prove their client prove they did not violate the terms of probation.

Another of our cases illustrates this point. We represented a juvenile who had been placed on probation in juvenile court. She had to take a drug test at JAMS. JAMS reported the client tested positive for morphine. The client swore she had never used morphine. The client maintained that the JAMS agent had kept calling her by the wrong name. 

After assessing her case, our team determined that the JAMS employee had mixed our client’s sample with someone else’s. We requested an adjournment so we could arrange an independent drug test. The court agreed. We located a facility where the client could get a hair follicle test. A hair follicle test was important because the test can go back six months in time to see what substances had been used. When our team received the results, they showed the client tested negatively for any substances, including morphine. The court dismissed the violation and closed out the client’s case successfully.

Our experience helped the client avoid the probation violation. We knew we had alternatives to fight the violation. There are other examples where our team won violation hearings for our clients, ranging in complexity.

If you face a Macomb County probation violation, you should have an attorney who has been in front of your particular judge many times. Your attorney will have established a good reputation and relationship with the court. This relationship benefits you because your attorney will know what to expect in court.

A probation violation is a serious matter. An experienced attorney can help you win a probation violation hearing or help reduce the sentence. Also, an experienced attorney will persuasively argue that jail is not always the solution. Neither is revoking a special status. If you are facing a probation violation and need help in navigating the legal process, contact an experienced criminal defense attorney today for help.

Contact Czarnecki & Taylor

If you are facing a probation violation, our team can thoroughly review your case, including examining any evidence being used against you. If a testing agency made a mistake, we may use this as leverage to get the violation dismissed or win the hearing.

As experienced criminal lawyers, we are highly skilled in advocating for our clients and helping them avoid jail time when they are facing a probation violation. At Czarnecki & Taylor, we have experience handling every type of Michigan criminal charge. One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results.

We will review the details of your case and identify any potential areas where we can effectively argue against a jail sentence. This may include extenuating circumstances that were not taken into consideration by the judge. Through understanding of the law and experience, we will build a strong legal argument on your behalf to convince the judge that the court should not send you to jail for your probation violation.

If you are facing misdemeanor or felony probation violations, it is essential that you seek legal help right away in order to protect your rights and avoid the serious consequences of incarceration. So if you need help with your probation violation case, contact our qualified lawyers today.

Although this article used Macomb County as an example for probation violations, the information likewise applies to violations in any county. Czarnecki & Taylor has successfully represented clients in Macomb, Oakland, Wayne, and Saint Clair Counties.

Call (586) 718-2345 to schedule your free initial consultation. We are available 24/7 and have weekend and evening appointments. Or you can contact us online for a prompt response.