How Probation Violations are Handled in Michigan

Individuals are placed on probation in Michigan as an alternative to incarceration, allowing them to remain in the community under supervision while addressing the underlying issues that may have contributed to their criminal behavior.

Probation serves multiple purposes: it provides an opportunity for rehabilitation through access to counseling, treatment programs, and educational or vocational training; it holds individuals accountable for their actions by imposing conditions they must follow, such as regular check-ins with a probation officer, community service, or curfews; and it aims to reduce recidivism by supporting reintegration into society and promoting law-abiding behavior.

During the probationary period, Michigan probation officers regularly monitor individuals through meetings, drug tests, and other means. They are responsible for detecting and documenting any violations.

Probation violations, including missing meetings with a probation officer, failing to comply with court-ordered conditions, or committing new criminal offenses, to name a few, are taken seriously and can result in significant consequences.

At Ben Hall, our East Lansing criminal defense lawyer clearly outlines our clients’ probation requirements while handling their cases, including what may happen if they violate the terms.

What Happens If I Violate the Terms of My Probation in Michigan?

If a violation is detected, the probation officer will file a violation report detailing the nature of the alleged violations. Depending on the severity of the violation, this may either result in a request for a warrant for the probationer’s arrest or issue a summons to appear in court.

If the latter is the best course of action, the probationer will be notified of the alleged violation and the upcoming probation violation hearing. This notification typically includes the hearing’s date, time, and location.

The probation violation hearing will include the following:

• Initial Appearance:The probationer must appear in court for the probation violation hearing. This hearing differs from a criminal trial, and the standard of proof is lower.
• Presentation of Evidence:Both the prosecution and defense can present evidence. The probation officer may testify about the alleged violations, and the probationer can present their evidence and witnesses.
• Admission or Denial:The probationer will have the opportunity to admit or deny the violation. If the probationer admits to the violation, the court may proceed directly to sentencing.

Unlike criminal trials, where guilt must be proven beyond a reasonable doubt, probation violation hearings require proof by a preponderance of the evidence. This means the judge must believe it is more likely than not that the violation occurred.

What are the Possible Outcomes of a Michigan Probation Violation Hearing?

Probation hearing outcomes are typically based on the severity of the violation and the availability of evidence to back up the allegation. Severe violations, such as committing new crimes or repeated breaches of probation conditions, demonstrate a significant disregard for the law and the terms of probation, warranting stricter consequences. Conversely, minor infractions might lead to more lenient outcomes if the evidence supporting the violation is insufficient or ambiguous.

Common Michigan probation violation hearing outcomes include:

• Continuation of Probation: The judge may decide to continue probation with or without modifications to the terms and conditions.
• Intensification of Probation Conditions:The judge might impose stricter conditions, such as increased supervision, mandatory counseling, community service, or additional fines.
• Reinstatement of Original Sentence:If the violation is severe, the judge can revoke probation and impose the original suspended sentence. This often means the probationer must serve time in jail or prison.

The probationer has the right to be represented by an attorney during the probation violation hearing and is entitled to due process, including the right to be heard, to present evidence, and to cross-examine witnesses.

If the probationer believes the court’s decision was unjust, they can appeal the ruling. This process involves requesting a higher court to review the case for legal errors.

Contact Our Criminal Defense Lawyer in Michigan Today

If you are facing a probation violation, contact our criminal defense lawyer in Michigan to discuss your case with a trusted professional who believes in you and your case by calling 877-BEN-HALL (877)-236-4255) or contacting us online.

Your fight is our fight. Let’s get started.