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.
If your probation officer believes that you have violated the terms of your probation, they may file a petition with the court requesting that your probation be revoked. This will initiate a hearing in which evidence is presented to show you violated the terms of your probation.
If the court finds that you violated your probation, it may choose to impose additional sanctions and penalties, including jail time, increased supervision conditions, or an extension of your probation period.
A court may also revoke your probation, sentence you to jail, and close the file. If a probation revocation occurs, the probationer may have to serve the balance of the sentence in jail rather than remaining on community supervision. This decision is made at the probation violation hearing.
If a judge revoke someone’s probation, that person will be sentenced to jail. The term of incarceration will be the one that the judge could have imposed originally at sentencing.
What results in a probation violation?
When someone is charged with a Michigan probation violation, it means that they have failed to meet the terms and conditions of their probation. This typically means they did not comply with a specific requirement, such as reporting to their probation officer regularly or maintaining steady employment. If an individual is convicted of violating their probation, they may face legal consequences, including fines or jail time.
One of the most common reasons people are charged with violating their probation is failing to regularly report to their probation officer. This usually happens when individuals do not show up for appointments. Failing to report can also include missing scheduled meetings or failing to provide information when asked.
Another common reason a someone may be charged with violating probation is committing another crime. This could mean being arrested for driving under the influence, shoplifting, or another offense not included in their original sentence.
Probation is a form of supervised release. The judge releases someone convicted of a crime but places conditions on that release. The conditions last throughout the probation period.
Common conditions of probation include:
- testing positive for drugs or alcohol when instructed not to use substances – what should you do if you fail a drug test
- charged with another crime
- fail to test as required
- missed probation dates
- violating no contact orders
- failure to maintain employment or education
- failure to play fines or costs
- failure to complete community service
- failure to complete counseling or other required programs
What is the process for a Michigan probation violation hearing?
At a Michigan probation violation hearing, the judge will review the evidence presented by both sides to determine whether you violated your probation. The prosecution will present witnesses and other evidence to prove their case against you. Your defense attorney may also call witnesses and present evidence to counter the prosecution’s claims.
Read more about a Macomb County probation violation and what to expect at a probation violation hearing.
If convicted of a probation violation, the judge has typically three options. The judge may:
- continue probation
- impose additional terms
- revoked probation and sentence the person to jail
- adjourn sentencing to see if the probationer completes certain conditions
The probation officer initiates probation violations when the officer receives information that a violation of conditions has occurred. The probation officer files a motion in court for a probation violation warrant. After the judge reviews the request to determine if there is probable cause to believe a violation occurred, the judge will sign and issue a bench warrant.
Standard of proof at the probation violation hearing
The prosecutor must prove their case by a preponderance of the evidence. This means that they do not need to meet the criminal standard of beyond a reasonable doubt but simply show that it is more likely than not that you violated your probation. While this is a lower burden of proof than what a prosecutor must meet in a trial for a new offense, the law still designed procedures to protect your rights and ensure fair treatment during probation hearings.
One important protection you have in a Michigan probation violation proceeding is the right to an attorney. You can choose to have an attorney representing you at your hearing and failing to do so might impact the outcome of your case if there are complex legal issues involved.
It is important to ensure that any evidence presented against you during the hearing was obtained in accordance with all relevant laws and regulations. Any violations of your constitutional rights or other procedural errors could also potentially impact the outcome of your case.
Overall, it is crucial to be aware of your rights and the potential consequences of a probation violation proceeding to ensure that you receive fair treatment throughout this process. If you need help understanding any aspect of a Michigan probation revocation proceeding, speak with an experienced attorney.
It is important for individuals facing probation revocation proceedings to understand how the standard of proof will affect their case, as it can have significant implications for their legal rights and defense strategies. If you are facing such a proceeding, you must consult with a knowledgeable criminal defense attorney who can help you navigate the process and understand your rights and options.
The Michigan probation violation hearing
If you are facing a Michigan probation violation hearing, it is important to understand what happens during this process and how it could affect your future. At a probation violation hearing, the judge will listen to both sides of the case before deciding whether you have violated the terms of your probation.
During a probation violation hearing, there are typically two issues will be addressed: whether you violated any terms of your probation and, if so, whether those violations were significant enough to warrant revoking your probation and imposing more severe penalties. The judge will listen to testimony from both your probation officer and any witnesses that the prosecutor may call to establish a record of your alleged violations.
Once the prosecutor has presented their case, you will have the opportunity to present evidence that you did not commit the violation. Based on the evidence, the judge will decide whether a probation violation occurred.
After the hearing, the judge will decide whether you have violated your probation and what punishment, if any, should be imposed. You could face additional fines and jail time on top of whatever penalty the court originally ordered at sentencing. Alternatively, if it is determined that no probation violations occurred, then you might escape further punishment altogether. If the judge finds you not guilty, your probation remains as it was before the alleged violation. If the judge finds you guilty of a violation, the judge will exercise one of the four options previously discussed.
How Czarnecki & Taylor can help with your probation violation.
It can be pretty challenging to deal with a Michigan probation violation hearing, as the legal system can be very complex and difficult to navigate. If you are facing a probation violation, you should enlist the help of a criminal defense attorney who has experience handling probation violations in Michigan.
Our experienced defense attorneys will review your case and determine the best course of action for you. We me be able to help you resolve your violation without having to serve any additional time on probation.
Whether you failed to report to your probation officer, tested positive for drugs or alcohol, or have new charges pending against you, you must take your case seriously and seek help from an experienced attorney. Your attorney will work with you to come up with the best possible defense so that you can avoid further consequences.
If you or someone you know has been charged with a probation violation in Michigan, it is crucial to seek the help of an experienced criminal defense attorney as soon as possible.
At Czarnecki & Taylor, our skilled and dedicated attorneys have extensive experience handling all types of felony and misdemeanor offenses and can provide the representation you need to fight your charges. We have an extensive track record of achieving great results for our clients, whether they face probation violations, misdemeanors, or felonies.
One thing that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.
Whether you are accused of violating your probation by committing a new crime, testing positive for drugs or alcohol, failing to report regularly to your probation officer, or for any other reason, we will thoroughly investigate the circumstances surrounding your case to develop an effective strategy for achieving the best possible outcome. Contact us today to learn more about how we can help you protect your future and avoid the harsh consequences that can come with a probation violation.
Contact Czarnecki & Taylor
Do you have questions regarding probation violations? We’ve got answers. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process.
For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.