How Probation Violations Work
Under MCL 771.4, a court may revoke probation and impose any sentence it could have originally imposed. A probation violation is handled at a hearing under Michigan Court Rule 6.445, where the prosecution must prove the violation by a preponderance of the evidence, a lower standard than at trial. You have the right to a lawyer, to notice of the alleged violation, and to present evidence.
Technical Violations vs. New Offenses
Violations generally fall into two categories: technical violations, such as a missed appointment, a positive drug test, or failing to pay costs, and new criminal charges. Michigan law (MCL 771.4b) limits the jail time a court can impose for many technical violations by felony probationers, and the type of violation shapes the defense strategy.
What We Do
We move quickly to address any bench warrant, gather proof of compliance, treatment, or employment, and present the court with a realistic plan. Often the goal is to keep probation in place, modify its terms, or minimize any jail time.