Probation Violations

If you plead guilty to or are convicted of a crime, part of your punishment might include being put on probation. According to MCL 771.3, probation must include certain conditions, such as that you do not break any criminal laws during your probationary period, that you do not leave the state without prior consent, and that you report to a probation officer. Other conditions of probation might also be imposed depending on your conviction such as mandatory drug testing or not possessing firearms. Every client’s probation has unique circumstances depending on the judge and the crime.

In Michigan, the Legislature has determined that probation is a “matter of grace,” not a right. Please see, MCL 771.4. If you break any of the conditions imposed on you during your probation period, your probation can be revoked, pursuant to MCR 6.445. You must receive written notice of your probation violation. Possible punishments for violating your jail time include facing jail time, a resentencing of your underlying convictions, or an extension of your probation period.

Probation violation hearings often happen fast, especially if you are being held in custody. If in custody, your hearing must be held within 14 days after the arraignment or the court must release you until your trial date. You will want to be represented by an experienced attorney during this time. A skilled attorney will assist you in preparing and defending your case at your probation violation hearing. Our goal at La Grasso, Abdo & Silveri is to help you avoid the worst consequences that might occur if you break a probation condition. Please contact us or call (586) 413-7777 at your earliest convenience.