In Michigan, a person who pleads guilty or is convicted of a felony or misdemeanor may be placed on probation immediately or after release from incarceration. Probation is considered a privilege to remain in society, not a right. A person may be placed on probation for a maximum of 2 years for a misdemeanor and 5 years for a felony. The following sanctions may be imposed for someone found guilty of probation violation:
- Continue probation without punishment for the violation
- Assess costs for probation violation
- Modify the conditions of probation or extend the period of probation
- Revoke probation and sentence the defendant to jail for remaining time not served
- Revoke special status such as MCL 333.7411 or HYTA
Our Macomb County law firm knows that the terms of probation can be burdensome and compliance is not always possible. For example, a person charged with a drug crime may fail a drug test which will constitute a violation of probation. Our office would encourage the violated party to proactively seek a substance abuse relapse prevention program before court.
In a recent case in the 40th District Court in St. Clair Shores, we were able to retain special MCL 333.7411 status for a drug crime which will result in a dismissal of the charges even though our client was charged with her third probation violation. She was engaged in counseling and her counselor appeared at the hearing to testify on her behalf.
Minor Violations, Major Violations
Sometimes, the court may consider assessment of court costs for a first time minor violation. The worst case scenario is revocation of probation and incarceration for a major violation. An example of a major violation would be commission of a new criminal offense. A person faces incarceration for the remaining jail time not served for any probation violation without regard to the Michigan Sentence Guidelines.
You will want to represented by experienced Macomb County criminal attorneys at the ABDO LAW FIRM. We can do damage control to avoid the worst consequences of a probation violation such as revocation and jail! We will do everything in our power to keep you on probation and retain any special sentence arrangements such as MCL 333.7411 or HYTA.