When someone is charged with a crime, one of the most common punishments is being placed on probation. When a judge places someone on probation, they impose certain conditions, which often include things like no new offenses, no drugs or alcohol, and keeping your probation officer up to date on address changes.
Once you have been placed on probation, you can violate it in one of two ways. The first is by doing something you were ordered not to do. The second way to violate probation is by not doing something you were ordered to do.
Most probation violations occur because a person does not comply with the judge’s orders. But probation violations can occur for other reasons, like an erroneous drug or alcohol test result or samples that were mixed up at the lab.
Regardless of the cause, the consequences of a probation violation can be severe. If you are alleged to have violated your probation, you must address the situation; otherwise, you could go to jail.
In Michigan, there are two types of probation violations.
A technical probation violation occurs when do something you were ordered not to do, or fail to do something you were ordered to do.
Non-technical probation violations occur when you:
If you were on probation for a misdemeanor, the punishment for a technical probation violation is as follows:
If you were on probation for a felony and are charged with a technical probation violation, you face the following penalties:
For non-technical probation violations, the judge is not confined to a schedule and can order significant jail time, even for a first-time probation violation.
Common examples of probation violations include:
If your probation officer believes you violated your probation, they will file a petition with the court and ask that your probation be revoked.
The court will schedule a hearing to determine whether you violated your probation. If the court finds you were in violation, the judge can revoke your probation and require that you complete the remainder of your sentence in jail.
During a hearing on an alleged probation violation, the judge will review the evidence to decide whether you violated the terms of your probation. The prosecutor will present evidence, often through witness testimony.
If you are alleged to have violated your probation, you have the right to an attorney. Your lawyer can also present evidence. Choosing not to have an attorney represent you could impact the outcome of your case.
Unlike most criminal charges, where the prosecutor must prove you guilty beyond a reasonable doubt, when you are alleged to have violated your probation, the burden of proof is a preponderance of the evidence. This means the prosecutor must show that it is slightly more likely than not that you violated your probation. This is a very low standard. But it also means that to win a hearing on an alleged probation violation, you only need to show it is more likely than not that you did not violate the terms of your probation.
Probation is an alternative to jail. By placing you on probation, the judge gave you an opportunity to prove yourself. If you are alleged to have violated your probation and you want to stay out of jail, you need to do everything you can to explain to the judge how and why the mistake happened and show that it won’t happen again.
For example, if you are alleged to have consumed alcohol while on probation, your lawyer can explain to the judge why you were consuming alcohol and why it won’t happen again. If the test results were wrong and you really didn’t consume alcohol, your lawyer can present evidence to explain how you know the test results were wrong.
After an alleged probation violation, it helps to try to get the prosecutor on your side. Before the hearing on the alleged probation violation, your lawyer can speak to the prosecutor to explain the situation and the steps you have taken to address the violation. For example, if you violated probation by consuming alcohol or taking drugs, your lawyer can show the prosecutor that you are getting tested more frequently and attending AA or NA meetings. With the prosecutor on your side, the judge is more likely to agree with the plan and give you another chance.
If you are alleged to have violated your probation, contact Elmen Legal as soon as possible. Criminal defense attorney Robert Elmen will ask questions to learn about your situation, and he will represent you in court to show that you did not violate your probation.
Attorney Elmen takes an aggressive approach to defending people against criminal charges, no matter the specifics of the alleged crime. He will protect your rights and build a solid defense to combat the charges.
Elmen Legal is based in Ann Arbor and proudly represents people throughout Michigan.
To learn more, call (734) 707-8915 or contact Elmen Legal today to schedule a confidential consultation to discuss your situation.
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