Being accused of violating your probation is stressful and even confusing. You may be unsure what you did or didn’t do to violate, what penalties you face, or how to explain your side of the story. At Jeffrey Randa and Associates, we help people throughout Oakland, Macomb, Wayne, and the surrounding counties resolve probation violation cases with clear guidance and strong defense strategies that keep them out of jail.
While a probation violation may feel like a setback, it doesn’t have to derail your progress. Our team is here to help you understand the situation, explore your options, and work towards preventing incarceration.
Understanding Probation Violations in Michigan
Probation allows you to serve part or all of your sentence in the community under specific conditions instead of going to jail. When those conditions are allegedly broken, the court may issue a probation violation notice or even a bench warrant.
Local courts use different terms, such as “probation violation,” “violation of probation,” and “show cause.” These all refer to the same thing—an accusation that you violated one or more terms of your probation by either doing something forbidden or not doing something required.
A probation violation in Michigan can occur for many reasons, including:
- Failing or refusing a drug or alcohol test (the most common)
- Missing a scheduled meeting with your probation officer
- Committing a new crime or being arrested
- Not completing community service or counseling
- Having contact with someone you were told to stay away from
- Failing to pay fines, fees, or restitution
- Leaving the state without permission
In Michigan, probation violations fall into two main categories:
- Technical violations: These involve breaking the rules of your probation but not committing a new crime. For example, missing an appointment, testing positive on an alcohol or drug test, or failing to pay fines on time are technical violations.
- Substantive violations: These occur when you’re accused of committing a new offense while on probation.
Even a single alleged violation can result in serious consequences. But not every violation is intentional, and with the right defense, we can often avoid jail, convince the judge to give you a break, and have your probation continued.
What Happens After a Probation Violation?
If your probation officer believes you violated your conditions, they will file a report with the court. If he or she agrees that there is a question about whether you did or did not violate, the judge will issue an order to show cause, a warrant, and/or schedule a probation violation hearing.
At the hearing, the prosecutor must show there’s a “preponderance of evidence” (more likely than not) that you violated some term of your probation. This is a lower standard than what’s required to convict someone of a new crime, which means defending yourself effectively is especially important.
You have the right to:
- Be represented by an attorney
- Present evidence and witnesses in your defense
- Challenge the evidence against you
- Explain your circumstances to the court
Our attorneys will prepare you for every step. We know how to best resolve these issues. We may, for example, refer you to an outside professional, like a counselor, to obtain an evaluation or start counseling. We’ll gather any evidence that can help and negotiate with the probation officer and/or the prosecutor.
If you are innocent of the violation, we will demonstrate that to the court. If you are guilty, we will persuade the judge that you warrant leniency, and our firm strives to achieve that outcome.
Potential Consequences of a Violation
If the court finds that you did violate your probation, several outcomes are possible. The judge can:
- Continue your probation without changes
- Extend the probation period
- Add new conditions, such as counseling or community service
- Send you to jail for a while, and keep you on probation
- Revoke probation and simply impose jail or prison time
Michigan law treats technical and substantive violations differently. If the violation is considered technical, such as missing a meeting or failing a test, the court is limited in how much jail time it can impose. However, a substantive violation, such as being charged with a new offense, can lead to a much harsher sentence, including the revocation of probation.
What will happen depends, of course, on the nature of the violation, your prior record, and how well your case is presented. We’ll make sure the court hears your full story and understands the context behind any alleged mistake so that you have the best possible chance of getting a break.
Defending Against Probation Violation Allegations
A strong defense starts with understanding the facts. We’ll review every detail of your case, including probation terms, communication records, and any evidence presented by the probation department. Among the first steps we take is first determining whether the alleged violation is true, and then, whether it’s technical or substantive. That distinction shapes our defense strategy and what options may be available in court.
Common defense strategies may include:
- Proving that the alleged violation did not occur or lacks reliable proof
- Showing the violation was unintentional or based on a misunderstanding
- Demonstrating compliance with your other conditions
- Negotiating alternative solutions that keep you in the community
Ultimately, the goal is to get you through this without jail time and without getting hammered by longer or more difficult conditions. We’ll do everything possible to minimize the impact of what most often is an “oops” moment.
How We Can Help
At Jeffrey Randa and Associates, we’ve spent more than 30 years defending clients facing probation violations and other criminal charges in the Metro Detroit area. We approach every case with compassion, experience, and a practical understanding of what judges and probation officers consider persuasive.
We’ll help you:
- Understand what options are available
- Communicate effectively with your probation officer and the court
- Build a defense strategy focused on protecting your freedom and your future
Take the Next Step Toward Protecting Your Freedom
A probation violation doesn’t have to ruin your future. With the right legal representation, you can address the issue, explain your circumstances, and move forward with confidence.
At Jeffrey Randa and Associates, we’re here to help you through every step of the process as painlessly as possible. Contact us today for a free, confidential consultation. We are very friendly people who will be glad to answer your questions and explain things.
Frequently Asked Questions About Michigan Probation Violations
Can I be arrested for a probation violation in Michigan?
Yes. If your probation officer believes you violated the terms of your probation, the court may issue a bench warrant for your arrest. In most cases, we can make court arrangements for you so that you are not taken into custody.
What happens at a probation violation hearing?
At the hearing, the judge will review evidence and listen to both sides before deciding whether a violation occurred. You have the right to present witnesses, explain your circumstances, be represented by an attorney, and provide any relevant information that is helpful.
Do I need a lawyer for a probation violation?
It’s strongly recommended. Even minor violations can have serious consequences. Our experienced defense lawyers can help you present your case effectively, protect your rights, and work to keep you out of jail.