Michigan Criminal Defense Attorney Assisting Clients in Birmingham with Probation Violation Defenses
Going through a criminal case and being convicted is difficult enough, and many defendants are relieved to receive a sentence of probation instead of a term of imprisonment or jail time in Birmingham, Michigan. Probation has many different requirements, and it is extremely important that the individual who is on probation abide by these requirements strictly. If the conditions of a person’s probation are not met, that individual can face charges for a probation violation. In most cases, violating probation results in a period of imprisonment.
If you are on probation and are now facing charges for violating a condition of your probation, you should discuss your options with a Birmingham probation violation lawyer as soon as possible. An experienced criminal defense attorney at the law office of Paul J. Tafelski can work with you on your case.
What is a Probation Violation in Birmingham, Michigan?
In order to understand what a probation violation entails, it is important to understand what the sentence of probation looks like under Michigan law. According to MCL 771.3, probation includes all of the following conditions:
- During the term of probation, the probationer cannot violate any criminal laws within the state of Michigan or any federal criminal laws;
- During the term of probation, the probationer cannot leave the state of Michigan without obtaining consent from the appropriate court;
- The probationer must report to his or her probation officer either in person or in writing at least once a month (whichever form is required by the probation officer);
- Probationer must pay a probation supervision fee (if the sentence happened in a circuit court);
- Probationer must pay restitution to any victims;
- Probationer must pay a specified assessment and specific costs to the state; and
- If the conviction was for a sex offense, the probationer must comply with the sex offenders registration act and register appropriately.
In some cases, the court can also require the probationer to do one or more of the following things:
- Be imprisoned in county jail for a specific period of time or for specific intervals of time that will not exceed 12 months;
- Pay a fine;
- Pay certain probation-related and court costs;
- Pay additional assessments;
- Engage in community service;
- Agree to pay any restitution or fees by wage assignment;
- Participate in a treatment program for substance abuse, drug treatment, and/or mental health treatment;
- Participate in a community corrections program;
- Remain under house arrest and/or be subject to electronic monitoring;
- Participate in a residential probation program;
- Complete a term of incarceration in a special alternative incarceration unit;
- Abide by conditions set forth for a victim’s protection or safety;
- Reimburse the county for any expenses associated with the conviction; and/or
- Complete a high school education or its equivalent.
How Do Birmingham Probation Violations Happen?
As you can see, there often are many conditions of probation. Violating even one of these conditions, such as driving out of the state of Michigan without permission or failing to check in on time with a probation officer—can lead to a probation violation charge. Indeed, failing to abide by even one of the conditions outlined above can result in a probation violation.
If you are facing a probation violation offense, you should speak with a Birmingham criminal defense attorney as soon as possible.
Contact a Birmingham Probation Violation Defense Lawyer
After you have gone through the criminal process and have been convicted of an offense for which you now are on probation, it can be extremely frustrating and demoralizing to learn that you are being charged with a probation violation when you have not done anything wrong. In such a case, it is extremely important to reach out to an experienced Birmingham probation violation defense lawyer who can help you with your case. At the law office of Paul J. Tafelski, we have been helping build defenses for Michigan clients for years, and we can get started on your case today. Contact us for more information about our criminal defense services.