Defenses May Exist for Those with Probation Violations
by the Schwartz Law Group
After someone is convicted of a crime, probation can be a part of the sentence handed down by the presiding judge. Probation sentences can have a number of conditions including: mandatory drug treatment, community service, restitution, fines and costs, and remaining conviction-free during the period of probation.
In Michigan, there are two types of violations of probation, direct and indirect. An indirect violation of probation is a failure to comply with a term of the judge’s probationary sentence. For example, this may happen if a probationer reports to his probation officer and submits a drug test that comes back positive. A direct probation violation occurs when a probationer picks up a new case and is convicted. Importantly, an arrest without a conviction is rarely a violation of probation because there has not yet been an adjudication on the new arrest.
A recent article highlights one man’s violation of probation sentence. During his sentencing proceeding, he was ordered to engage in drug treatment, to remain free of drugs and alcohol, and to report to all further court proceedings. However, he failed to appear for court, and a bench warrant was issued. When he was later arrested on the bench warrant and brought before the judge, the man explained that he had not completed treatment and had continued to smoke marijuana and consume alcohol. After hearing this, the judge sentenced the man to an additional 12 to 24 months’ incarceration.
“Second Chances” May Be Hard to Come by
When a judge hands down a probationary sentence, it is often seen as giving that person a chance to succeed on their own without the need for a lengthy term of incarceration. However, when a probationer violates probation, judges will often take offense, figuring that the chance they provided to that person was wasted. Therefore, in many cases, judges will sentence harshly on violations of probation.
Are You in Violation of Your Probation?
If you recently found out that you are in violation of your probation in Michigan, you should immediately consult with Attorney Steven Schwartz. With the assistance of the Schwartz Law Group, you will be able to make sure that the judge gets your full story and is presented with any mitigating evidence that can act in your favor.
Unlike trials, violation hearings are not bound by the rules of evidence and tend to be more informal, but the punishments can still be great. Some probation violations can be the result of new criminal charges. In any situation, not only will we work hard to see that you are able to continue your probation, we will help you fight. Call (248) 266-8720 to set up a free consultation with Attorney Steven Schwartz today.