Tafelski

violations of probation

The goal of probation is to rehabilitate a person who has been convicted of a crime. Ideally, probation should help that person become a productive member of society while lessening the probability that he or she will commit another offense.

Probation, an alternative to imprisonment, is granted when the circumstances and severity of the crime indicate that imprisoning the person is not a suitable punishment. Because the person does not pose any threat to society, he or she is allowed to live in the general population. However, the probationer must follow certain conditions, which may include:

• Living in a specified location
• Participating in rehabilitation programs
• Submitting to chemical dependency tests
• Performing community service
• Maintaining employment
• Not having any contact with certain individuals such as the victims of the crime or anyone who collaborated on the crime.

A person on probation is supervised by a probation officer who assists them in following the conditions and behaving lawfully. If the probation officer determines that any of the conditions have been violated or that the probationer has been involved in the commission of another crime, a hearing to revoke the probation is held. If the probationer is found guilty, the court may decide to:

• Continue probation
• Modify the conditions of probation
• Lengthen the period of probation
• Revoke probation
• Incarcerate up to the Maximum time allowed

If probation is revoked, the probationer is sentenced again for the crime for which he or she was originally charged. There is a much higher likelihood of jail for violation of probation because in the eyes of the court a Defendant was given a chance to prove themselves and have now failed. Some judges even take it as a personal slap in the face that a Defendant did not follow their orders of probation. For many Defendants probation is revoked and they are sentenced to jail quickly and without realizing the seriousness of their situation. It is critically important that a Defendant be able to effectively communicate their side of the story anytime they are faced with a charge of violation of probation.

If you have been accused of violating your probation you are faced with various options and rights and only a skilled attorney can explain the benefits of each option. Our office has years of experience in successfully resolving probation violation disputes. We may be able to win a dismissal of the violation or negotiate a successful conclusion. Frequently, our clients avoid jail time. Stepping into court without an advocate on your side is dangerous. We will vigorously defend your rights and obtain the best outcome possible.

Do not hesitate to contact the criminal defense lawyers at the office of Paul J. Tafelski at 313-879-0001 or contact us online. We serve residents in Detroit, Troy, Rochester Hills, Plymouth, Canton, Wayne County, Oakland County and throughout Michigan.

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