Probation—or the period someone receives in lieu of jail time and remains on the court’s radar—can be a difficult time. There are numerous strict rules to follow, appointments to be kept, and while you are outside of jail walls, you are very closely tethered to your probation officer. It is no surprise, then, that probation violations can be fairly easy to commit (and yet have serious consequences.)
Depending upon the terms of your probation, any number of activities can qualify or be considered violations of your probation. Common requirements of those on probation include keeping regularly scheduled meetings with your probation officer, taking and passing drug and/or alcohol tests, getting and keeping a job, staying in school, staying away from certain individuals or groups of people including known felons, and of course, not committing other crimes from traffic offenses to misdemeanors on up. Failure to do any of these can result in a probationary hearing.
To be fair, not all of these probation violations are considered to be equal. Some technical violations such as failing to meet with your probation officer may not be as damaging as being arrested for another crime. These factors are taken into account when the consequence of that violation is being considered.
In Michigan, if you are found to have committed a probation violation, the consequences can range in severity from a warning, to probation modification, to outright revocation. A warning is usually a first line consequence associated with minor infractions such as missing a meeting. It is not the end of the world, but it is certainly a strong wake up call to stay on the straight and narrow for the rest of the probationary term.
Probation modification means that the court may decide to add more terms to the probation. This can occur when fines are not paid, you fail to complete classes that are mandated as a condition of probation, and similar offenses. In these cases, the court may tack on additional fines or classes to reinforce the importance of the requirement.
Probation revocation means essentially that you will likely go to jail. Revocation occurs with serious offenses including commission of other crimes while on probation. The judge would then sentence you on the underlying crime and your total sentence would increase.
Given how much is at stake with probation, it is absolutely necessary to have knowledgeable counsel by your side to fight for you at a probation hearing to try to get these repercussions taken off the table or minimized as much as possible. The attorneys at Michigan Gun Law understand the probationary process in Michigan and will fight for you with compassion and experience. Contact us today at (248) 676-8978.