Probation

Michigan Probation Violation Lawyer


A WINNING MICHIGAN PROBATION STRATEGY

When the Michigan probation violation attorneys at Jeffrey Buehner, PLLC represent a client at a violation of probation hearing, we chart a course of action that minimizes the likelihood of jail. This can be done through a variety of approaches including emphazing to the court client the positive aspects of a client’s life including counseling,  schooling, employment, completion of other probationary terms and whatever other factors may positively influence a judge.

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We know that avoiding jail is the primary consideration in any violation of probation hearing and if that means contesting the alleged violation, we will do so aggressively. Often times, however,  a meeting with the probation officer on the day of the hearing can convince them to withdraw their violation.

Michigan Probation Violation Attorney

When a defendant is placed on probation, the judge will impose terms and conditions of that probation. Once on probation, the defendant is supervised by a probation officer who monitors the defendant’s compliance with the terms of probation – this gives a probation officer a great deal of power over the defendant. If the probation officer determines that the defendant has violated any of the conditions of probation, the probation officer can ‘violate’ the defendant’s probation by notifying the original sentencing judge. The matter is then scheduled for a violation of probation hearing before the judge.

Probation violations can occur for a host of reasons, and sometimes a defendant is violated for something they didn’t even realize was a probation violation. Some of the more common reasons for violating probation are:

  • Failing to maintain employment or attend school
  • Changing your residence or contact information without notifying your probation officer
  • Failing to pay fines, costs or restitution
  • Failing to complete community service
  • Failing to complete a court ordered program
  • Testing positive for drugs or alcohol
  • Being arrested for a new crime
  • Missing appointments or appearing late for an appointment with your probation officer
  • Leaving the state without authorization
  • Missing a court appearance

Michigan Probation Violation Penalties

If you have violated probation, you are subject to serious punishments. Understand that probation is a privilege, not a right, and it is considered a form of leniency by the judge. Appearing back in front of that same judge for failing to abide by the terms of your probation can result in severe penalties including jail or prison, revocation of deferred sentence/under advisement sentence (e.g. HYTA, 769.4a, MIP deferral, 333.7411, etc…), additional terms of probation, electronic monitoring, increased drug or alcohol testing and extension of the length of probation.

Should I Have a Michigan Probation Violation Lawyer at my Hearing?

Do you care about going to jail or prison? Would an electronic monitor, increased drug/alcohol testing or more time on probation cause you problems? Are you concerned about how the judge is going to react to your alleged violation? If the answer to any of these questions is ‘yes,’ then you should definitely have a probation violation attorney representing you.

We have handled misdemeanor and felony violation of probation hearings in District and Circuit Courts throughout the Detroit area and we know how to find the best possible outcome for these situations. There may be alternatives to jail that the judge should consider , particularly where a defendant has a job that they may lose if they go to jail or prison. There may be mitigating circumstances surrounding the alleged violation. Or it may be that the violation didn’t happen or didn’t happen the way it was alleged to have occurred. We’ll find the best course of action for your situation.

Michigan Probation Violation Attorney

We have the experience and knowledge to help you find the best solution to your alleged probation violation. If you are facing a violation of probation in any Detroit area District Court or Circuit Court, we can help.

If you’d like a free phone consultation with an experienced Michigan probation violation attorney, call criminal attorney Jeffrey Buehner at (248) 865-9640 or fill out our Free Consultation form.