There are different levels. First of all, there is supervised probation, where you have to meet with a probation officer at their direction, which is usually monthly. There’s also unsupervised probation where you might just mail in a piece of paper once a month, verifying that everything’s going well and what you’ve accomplished.
Within the realm of supervised or unsupervised probation, there are usually three tiers. These aren’t official but in general, what you’ll find is there’ll be an easier level of probation with fewer requirements. There will be a middle level of probation with a little bit more and there will be intense level probation where they are heavily involved in everything you’re doing and require a great deal of time and attention from the client.
It is very important that people understand that all probations are not the same, that they can be very different based upon people’s history, what exactly occurred in this particular offense, the judge, the court, the probation department of that court, and the prosecutor’s attitude. There are also certain situations where you may be allowed to travel during your probation, while in some cases, you can’t.
There are a number of different factors that all have some role in determining the final outcome, along with what effort we as a defense put forward to convince the judge that you deserve easy probation or short probation, or on probation. All of these things affect each case differently.
It really does pay for people to spend the time and money to make sure they get the best possible outcome. This is where an experienced probation violation lawyer comes in. Having a skilled Michigan criminal defense lawyer can make the difference between success with completing probation or failing probation and ultimately going to jail.
The worst-case scenario for a lot of people is to almost complete probation and then violate and go to jail. People may occasionally forget one small stipulation or they start to assume that the court isn’t going to check them for this or check for that any longer, and then everything falls apart. There’s a lot to worry about.
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 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 probation violation lawyer as soon as possible.
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 can include some or all of the following conditions:
In some cases, the court can also require the probationer to do one or more of the following things:
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As you can see, there often are many conditions for probation violations. 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 on your probation guidelines can result in a violation.
If you are facing a probation violation offense, you should speak with a probation violation attorney as soon as possible.
|Probation Levels in Michigan
|Regular meetings with a probation officer, usually monthly. The probation officer monitors the progress, compliance with probation conditions, and may provide guidance or referrals to support services.
|Monthly verification of progress through mail or paperwork. The individual on probation submits documentation to verify compliance with probation conditions, such as employment records or community service hours. They may be required to report any changes in address or contact information.
The probation violation process typically begins with an arraignment, during which the specific charges against the individual are presented. The defendant will then be asked to plead either guilty or not guilty. If they plead not guilty, a hearing will be scheduled for a later date. During this hearing, the prosecution is expected to present witnesses to demonstrate the defendant’s alleged failure to adhere to your probation terms and conditions.
It’s crucial to understand that during the probation violation hearing, the usual stringent rules of a criminal case are significantly relaxed, including but not limited to:
If the judge concludes that the prosecution has successfully met their burden of proof, a new sentence may be imposed. This sentence might entail additional or new imprisonment terms or alterations to the probation conditions.
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 probation violation defense attorney, you may be able to argue the following, for example:
It is crucial to work with your attorney in building a robust legal defense strategy. Your attorney should be able to thoroughly investigate the details of your case and tailor the defense strategy accordingly.
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 on top of the existing charges. In such a case, it is extremely important to reach out to an experienced probation violation lawyer who can help you with your case. At the Michigan Defense Law, we have been helping build legal strategies for our Michigan clients for years, and we can get started on your case today.
It can happen. The court has the discretion to determine what level of supervision you need and what you need to be doing during that probation. Those terms can be modified by the court as needed or as they see fit. It goes both ways. They can be eased up or they can be tightened up depending upon if the court thinks you’re doing the right things or not. The defendant can, if they feel comfortable enough, approach it through their probation officer on their own.
If you can afford to hire an attorney to help you with filing a modification of probation, then it’s worth it because I know the language that they speak. I know the issues that might be successful and the ones that might not be successful in the best way to present it to the court. I don’t think you have to have an attorney to do that but it’s probably better to use somebody who knows the system better than you do. We’re going to usually know the individual tendencies and likes and dislikes of the judge and the probation in that court.
They can, but I’ve never had a situation where they showed up at somebody’s work unannounced. I have situations from time to time where they will show up at the person’s house. What they’re trying to do at that point is usually see if there’s drugs or alcohol in the house and see what the environment is, and see whether the person really is living where they say they’re living, that kind of thing.
It doesn’t happen too often but occasionally it does but it is rare that they do it. They don’t really have the manpower to be running around that much. It’s a lot more common in felony cases when they are first evaluating you to determine whether or not to put you on probation. They may look at the living arrangements that you have and see who you’re living with and what it looks like. Even that is not typical but that occurs more frequently than it does for misdemeanor probation.
Probation itself doesn’t have any effect on your driver’s license. It’s only a matter of whether the offense that you’re convicted of has any effect on your driver’s license. Whether or not you’re on probation doesn’t affect your driver’s license.
For more information on Levels of Probation, a free initial consultation is your next best step.
To get the information and legal answers you are seeking, contact us online or call (248) 451-2200 to speak with a probation lawyer today.