How to Handle Probation Violation In Michigan
In Michigan, probation violations can be a tricky situation to handle. When a judge puts a person on probation, their life now revolves around a series of rules and regulations. They may have to submit to regular drug tests, check-in with a probation officer, and be required to hold down a job. However, life happens and sometimes individuals may find themselves in violation of their probation.
Probation violation cases can be scary since for many people, being granted probation instead of serving time is considered your “second chance” at fixing a mistake. When this goes wrong, the first thought by most is that this second chance may be taken away. If you are facing a probation violation, read below to learn how this can affect your life and how to best handle this situation.
Direct vs. Indirect Probation Violation
In Michigan, there are two types of parole violations: direct and indirect. An indirect violation is when an individual does or does not do something outside of the terms of your probation. If you have a drug test come back positive or if you miss a meeting with your probation officer, that’s an indirect violation.
A direct violation occurs when a person gets picked up on another charge and convicted while they’re still on probation. This could be the result of another crime they have committed or simply missing their probation meetings. If an individual misses their meeting and a bench warrant is issued for their arrest, that arrest and conviction can count as a direct violation.
In general, consequences for violating probation tend to be harsh. The judges often view probation as your second chance and as them being lenient. Violating this leniency tends to result in judges losing any sympathy they may have once had, and remove any hesitation to charge an individual to the fullest extent of the law.
Depending on the person’s situation, the judge may request a warrant for their arrest or require them to come back to court. They might add more conditions to the individual’s probation or take away any compliance credit they’ve earned. They could even revoke their probation sentence entirely and sentence them to time in prison or another house of correction.
How a Lawyer Can Help
Having a good lawyer to provide a solid defense for a probation violation case can make a huge difference in the consequences. When it comes to this charge, the consequences are up to the judge’s discretion. So if an individual has a good criminal defense lawyer, they might be able to talk them into being more lenient.
In some cases, a person may have had a false positive come back on their drug test or they may have had a very good reason for missing their probation meeting. If this is the case, a lawyer can argue their case in front of the judge and convince them to go easy. Without a good lawyer, an otherwise innocent person could end up in jail over a false positive.
Get Legal Help
No one wants to go to jail, especially over a mistake or a circumstance out of your control. Be honest with the judge and hire a good lawyer, and you should come out fine. At Kelly & Kelly, we have over thirty years experience successfully defending clients against probation violations. If you’re facing a probation violation, contact us today to get the best help in arguing your case.