Michigan Criminal Defense Attorney Assisting Clients Accused of a Probation Violation in Troy
When you are facing serious criminal charges and you learn that you have been sentenced to probation, you may experience some relief knowing that you will not have to serve any time in jail or prison. In other cases, you may find yourself on probation in Troy after serving a very long sentence after being convicted of a felony offense in Michigan. However, there are very specific requirements to probation, and a Troy resident may unknowingly violate his or her probation without even realizing it. In some cases, a person who is on probation may be unfairly accused of committing a probation violation. No matter what the situation is, an experienced Troy probation violation defense attorney can help with your case.
It is important to understand more about the terms of probation under Michigan law and the various ways that a probation violation can occur.
Troy, Michigan Probation Violation
What is a probation violation in Michigan? First, it is important to understand what probation means. In short, this is a form of supervision in which a person who has been convicted of a crime or has pleaded guilty to an offense is overseen by a probation agent. For some convictions, the offender is placed on probation for life. The probation agent is supposed to ensure that the individual is being a productive member of society in Troy and is meeting all of the requirements of probation.
What is a violation of probation under Michigan law? Under MCL 771.3, a person on probation commits a violation if she or he does any of the following:
- Violates a criminal law in the state of Michigan;
- Violates a federal criminal law;
- Leaves the state of Michigan without getting proper permission (typically from the court);
- Fails to report to the probation agent or probation officer once per month;
- Fails to pay restitution to the victim(s) of the crime for which the probationer was convicted;
- Fails to pay assessed costs to the state of Michigan; and/or
- If the probationer is a sex offender, fails to comply with requirements for registering under the sex offenders registration act.
Defenses to a Probation Violation in Troy, Michigan
There are many different defenses to probation violations in Michigan, which depend upon the specific nature of the violation. For instance, with the help of your Troy probation violation defense attorney, you may be able to argue the following, for example:
- You did not actually leave the state of Michigan;
- You were making good faith payments on restitution and assessed costs to the state of Michigan, and understand that you have complied with the restitution requirement or the assessed costs requirement;
- You failed to make required payments because you lost your job, but you have been making a good faith effort to find a new job and to continue making payments;
- You did in fact report to your probation officer, and your probation officer made a mistake;
- You failed to report to the probation officer because you are being harassed or treated unfairly by the probation officer; or
- You are not guilty of the new crime that you have been accused of committing.