A Helpful Overview of Probation Violations
Facing a Violation of Probation? There is hope and you do not need to go to jail. Here is what you need to know.
Probation Violation Penalties and Defenses
In Michigan, the authority to place a person on probation comes from statutory law. MCL 771.1 authorizes probation on all felony and misdemeanor offenses, with certain exceptions. Judges consider probation to be “a privilege, and not a right.” A Judge can place many conditions on a person’s probation. Conditions can range from drug testing, AA meetings, therapy, finishing school, or keeping and finding employment, and paying fines and costs. Conditions can be unusual as well — a local judge once ordered a man he was sentencing for operating while intoxicated to take his very supportive wife out to a nice dinner. If you are accused of violating your probation terms or conditions, i.e., something the Court orders you to do while on probation, a violation of probation will likely be filed in your case, and you might face a violation of probation penalty. If you face a violation of probation, do not give up hope! LEWIS & DICKSTEIN, P.L.L.C. can find a way to help you.
“What happens if my probation is violated?”
When a person’s probation is violated, steps need to be taken to protect them and reduce their exposure to jail or prison. First, there has to be notice of the violation and what precisely the violation is alleged to be. Next, there has to be an opportunity to have a hearing before the Judge, and a person is entitled to be represented by an attorney.
If a person is found to violate their probation, the Court has many sentencing options. It can reinstate probation, extend probation, change probation conditions, or order that the defendant be incarcerated. The law does allow a Court to sentence a person to the maximum jail/prison time allowed on the original charge, as if probation had never been granted. A zealous criminal defense lawyer will fight to achieve the least severe violation of probation penalty.
“Do I have to go to jail?”
The short answer is, “no!” The longer answer is that many people go to jail when found to violate probation; however, many of them could have avoided a jail sentence with good legal representation. Although jail is a possible probation violation penalty, it is not mandatory. With good planning and proactive mitigation, a persuasive criminal defense lawyer can prevent jail for a felony or misdemeanor VOP, even if there were previously probation violations. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has helped countless clients avoid jail and prison when other lawyers have said incarceration was inevitable. No matter the odds, we will do whatever is necessary to give the client the best possible chance of avoiding jail.
“What should I do if I’m facing a violation of probation?”
Because there is so much at stake with a probation violation and the range of penalties so varied, it is essential that you have exceptional legal representation. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully representing people facing probation violations in Michigan. Our attorneys are experts in criminal law and well respected by other attorneys and judges alike. If you face a probation violation and possible loss of your freedom, we can help you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
