Probation implies you were convicted and incarcerated. Then granted probation. You may say probation is an alternative to incarceration. It’s a compromise. No jail time, although there are some requirements. What to do if arrested for probation violation.
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In Michigan, if you break the terms of your probation, the court may throw out the agreement and void the probation. The result could be highly detrimental. The judge may send you back to jail. Contact a lawyer. Your lawyer will schedule a hearing. The charges may not have been read correctly. Or the accusations aren’t even accurate. You can stay out of jail.
What is probation?
For those found guilty of a crime, probation is an option to jail time. When someone is found guilty, the judge essentially has a few options on what penalty to impose. The first option is to simply lock them up and move on. The second choice is to sentence them to jail along with probation. The third option is to sentence them to probation. There’s the last resort, the option least used. A fine without any associated jail time or probation.
The court system may impose a sentence called probation. Upon being adjudged guilty of a crime, a person is placed on probation. Probation allows a person to remain within the confines of their community. They can remain so as long as they are under the control of a probation officer. Not every offense qualifies for probation. Some criminals do end themselves in jail or prison without ever being given the chance.
Probation is a way for the court to supervise somebody. The court can keep an eye on somebody for a set period of time. This is to ensure you are doing everything the court wants. For a misdemeanor conviction, the longest time you can be on probation is two years. For a felony, the longest you can be on probation is five years.
In probation expect a lot of work. Pay a lot of fines and fees, and basically live your life according to the court’s rules. This is your life over the next several months to many years. Your first concern should be only one. You are to abide by the terms of your Judgement of Sentence and Order of Probation. If you have any questions or concerns, speak to your attorney. Your entire world revolves around the court’s directives until your release.
Probation can be different for individuals and for each case, and come in the form of:
[ a ] Serving the community
[ b ] Reporting to a designated probation officer
[ c ] Fines
[ d ] Counseling
[ e ] Restitution
[ f ] Weapons restrictions
[ g ] Alcohol and drugs restrictions
If you want to try it out, you will find out that there are two types of probation.
[1] Completing a sentence in jail and then being placed on probation. Because the perpetrator will be on probation, the jail term is frequently cut.
[2] Choosing probation over incarceration. If probation is successfully completed, the offender is exempt from serving time in jail.
People occasionally despise being on probation. They hate it so much that they would rather go to jail, serve their term, and be done with it. For some people, probation may be a better alternative. Probation can last longer than incarceration.
A conviction for a misdemeanor other than a serious misdemeanor now carries a rebuttable presumption. The offender will receive a fine, or community service. The court can also impose other non-jail or non-probation penalties. The court can only deviate from this assumption if there are reasonable grounds to do so. If the court does deviate, the court must cite these reasonable grounds and put them on record.
What does this mean?
Michigan courts can no longer sentence someone to probation for a non-serious misdemeanor. It is now against the law. The court must now give a justification. It will do so on record during the sentencing hearing. The justification must be “reasonable.”
What happens if you fail to comply with the conditions of probation?
A misdemeanor criminal defendant would prefer to avoid jail time. And probation if at all possible. A defendant on probation for a misdemeanor must follow stringent guidelines.
This could mean mandatory therapy, education on drugs, and alcohol. It can include tethering or full-time employment. It can also mean attending school. Curfews, travel restrictions, a ban on the possession of firearms, and drug-alcohol testing. Periodic reporting and many other terms and conditions could be part of probation.
A defendant can be in contempt if they err in strictly adhering to the judge’s instructions. If found guilty of contempt of court, you could spend time in jail and get more probation.
The Michigan Legislature passed criminal justice reform laws recently. The reforms went into effect on April 1, 2021. It reduced the potential jail term imposed for committing a technical probation violation. Technical probation violations include things like skipping or failing a drug test. Technical probation violations apply as long as it is not:
[ a] A violation of a court order prohibiting the probationer from making contact with a specific person. MCL 771.4b(9)(b) (I).
[ b ] A new criminal offense is charged such as a violation of a law of this state, a political subdivision of this state, another state, the United States, or tribal law. MCL 771.4b(9)(b) (ii)C
[ c ] Consuming alcohol while under probation for a felony conviction of driving under the influence. MCL 771.4b(9)(b) (iii).
[ d ] Absconding by deliberately failing to inform the probation officer of one’s location for a continuous period of at least 60 days. MCL 771.4b(9)(b) (iv).
The following are the maximum penalties for a technical violation committed by a person who is on probation due to a misdemeanor conviction or guilty plea:
[ 1 ] A first offense carries a maximum 5-day prison sentence. MCL 771.4b(1)(a) (i).
[ 2 ] A second offense carries a maximum 10-day prison sentence. MCL 771.4b(1)(a) (ii).
[ 3 ] A third offense entails a maximum 15-day prison sentence. MCL 771.4b(1)(a) (iii).
[ 4 ] Jail detention for any number of days, up to the entirety of the remaining eligible jail sentence, for the fourth or subsequent offense. MCL 771.4b(1)(a) (iv).
The following are the maximum penalties for a technical violation committed by a person who is on probation due to a felony conviction or guilty plea:
[ 1 ] Jail incarceration for no more than 15 days for a first offense. MCL 771.4b(1)(b) (i).
[ 2 ] A second offense carries a maximum 30-day prison sentence. MCL 771.4b(1)(b) (ii).
[ 3 ] A third offense carries a maximum 45-day prison sentence. MCL 771.4b(1)(b)(iii) (iii).
[ 4 ] Any number of days in jail or prison, not to exceed the whole of the remaining eligible imprisonment or prison sentence, may be served for a fourth or subsequent offense. MCL 771.4b(1)(b)(iv) (iv).
If you are held and then arrested for a technical probation violation you must be taken to a hearing as soon as is practical. You must be sent back under community supervision if a hearing is not possible. This must be done if your hearing is not held within the time frame of the applicable and allowable jail sentence.
What to do if you are arrested for violating your probation?
Probation violations frequently result in severe penalties. Most of the time, judges consider probation as a second chance and as being lenient. Judges tend to become less sympathetic. Especially when you betray their leniency. They are thus more likely to prosecute someone to the utmost extent of the law.
The judge may ask for an arrest warrant or order the person to return to court. They might impose more probation restrictions. Or revoke any compliance points the person has already acquired. They might even completely cancel their probationary status. And, sentence the offender to time in jail or another type of correctional facility.
In certain circumstances, a person may have had a false positive result from a drug test. Or may have had a very solid excuse for skipping their probation meeting. If so, a lawyer can present their case to the judge and persuade them to be lenient.
An otherwise innocent person could be imprisoned due to a false positive if they don’t have a strong attorney.
Although there are possible defenses for probation violations, you still need an attorney. You need a skilled attorney to challenge the charge on your behalf. Some possible defenses against charges are:
[ a ] The condition or regulation was too ambiguous or vague.
[ b ] The infraction could not be avoided. For instance, a probationer who was hospitalized due to a medical issue was unable to report.
[ c ] The probationer mostly complied with the terms and conditions of probation. With a little more time, they may fully comply. For example, with regard to unpaid fines and expenses and unfinished community service.
Nobody likes to spend time in jail, especially over a mistake or an unavoidable condition. You should get along just fine if you’re sincere with the judge and select an excellent attorney.
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