Understanding a Probation Violation Case

What is Probation

What Is Probation?

In Michigan, probation is a legal status that allows a person convicted of a misdemeanor or felony to remain in the community under court supervision instead of serving time in jail or prison. Under MCL 771.1, a court may place a person on probation if it determines the person is not likely to engage in further criminal conduct and that the public welfare does not require incarceration. Probation is considered a privilege, not a right, and is granted at the discretion of the sentencing judge.

What Are the Common Terms and Conditions of Probation?

If you are placed on probation, the court will impose specific terms and conditions based on the nature of your offense and your individual circumstances.

These commonly include regular check-ins with a probation officer, drug or alcohol testing, payment of fines, restitution to victims, community service, and participation in counseling or treatment programs. The court may also impose restrictions on your travel or order you to avoid contact with certain individuals.

It is also common for courts to adopt some or all of the conditions that were part of your bond while awaiting sentencing and make them part of your probation order.

For example, if you were subject to drug or alcohol testing as a bond condition, the court may choose to continue those requirements as part of your probation. However, the court is not obligated to do so. The terms of probation can be modified, reduced, or even eliminated depending on the court’s judgment.

Once you are sentenced, your bond order is set aside and has no further legal effect. From that point forward, you must comply with the judgment of sentence, which will include the formal terms and conditions of your probation.

Like bond conditions, probation terms are partly intended to protect the public by ensuring accountability and monitoring individuals who are allowed to remain in the community instead of being incarcerated. This public safety aspect underscores why probation is considered a privilege granted by the court rather than an entitlement.

Your compliance with these conditions is mandatory. Failure to follow any condition may lead to a violation proceeding.

What Happens If I Violate Probation?

When a probation officer believes you have failed to comply with your probation conditions, the court will typically issue a document called a show cause notice or violation of probation notice. This document informs you of the alleged violation and orders you to appear in court to explain why you should not be held in contempt or have your probation revoked.

What Is a Show Cause Hearing?

The show cause hearing process begins with an arraignment, where you will be formally advised of the allegations against you. You will have the opportunity to plead guilty or not guilty. If you plead not guilty, the court will schedule a violation hearing.

At the hearing, the prosecutor must present evidence that you violated a condition of your probation. The hearing is conducted before a judge, not a jury, and you have the right to be represented by counsel.

Who Will Testify at a Probation Violation Hearing?

At a probation violation hearing, the prosecutor assigned to the case is responsible for presenting witnesses who support the allegation that you violated probation. These witnesses often include your probation officer, who may testify about your alleged failure to follow the conditions imposed by the court.

If the violation is based on a new criminal offense, law enforcement officers involved in that matter may also testify.

In cases involving positive drug or alcohol tests, the prosecution may call laboratory technicians or other qualified individuals who can explain how the test was conducted and interpret the results. These witnesses help establish the factual basis for the violation under review by the court.

The prosecutor is responsible for presenting the state’s case. Even though probation officers often report violations, it is the prosecutor—not the probation officer—who handles the evidentiary aspects of the hearing.

Can I Present Witnesses in My Defense?

Yes. You have the right to present witnesses on your behalf at a probation violation hearing. These witnesses may include friends, family members, counselors, or treatment providers who can testify about your compliance with probation or the circumstances surrounding the alleged violation.

In some cases, it may be beneficial to present expert witnesses. An expert is someone with specialized knowledge or qualifications in a particular field who can offer opinions that may assist the judge in understanding complex issues.

For example, if you are accused of violating probation due to a positive drug or alcohol test, an expert in toxicology or pharmacology may testify about potential flaws in testing procedures or the possibility of false positives.

Expert testimony can be a powerful tool in challenging the prosecution’s evidence and providing a more complete picture of your situation.

What Is the Burden of Proof at a Probation Violation Hearing?

Unlike a criminal trial, where the burden of proof is beyond a reasonable doubt, the burden in a probation violation hearing is only preponderance of the evidence. This means the prosecutor must show it is more likely than not that you violated your probation.

Additionally, the rules of evidence are more relaxed at these hearings. Hearsay evidence, which might not be admissible at a trial, is often allowed. These procedural differences make it easier for the prosecution to prove a violation.

What Are Common Probation Violations?

Common reasons for probation violation allegations include testing positive for drugs or alcohol, failing to complete community service, missing probation meetings, failing to pay court-ordered fines or restitution, or committing a new offense. Evidence may come from probation officer reports, chemical test results, or witness testimony.

What Happens If I Am Found Guilty of a Probation Violation?

If the court finds you guilty of violating probation, the judge has discretion to impose a range of consequences. These may include extending the length of your probation, modifying its terms by increasing testing frequency or requiring additional treatment, ordering more community service, or imposing a term of incarceration up to the maximum allowed by law.

For example, if your violation involves a positive drug test, the court may increase the number of required tests or mandate a higher level of substance abuse treatment.

Can Probation Be Revoked?

Yes. In the most serious cases, the court may revoke your probation entirely and order you to serve a jail or prison sentence. Under MCL 771.4, revocation may occur if the court finds that the nature of the violation indicates you are likely to reoffend or that the public good requires revocation.

Should I Contact a Lawyer If I Am Charged with a Probation Violation?

Absolutely. The consequences of a probation violation can be severe, including potential incarceration. At the Barone Defense Firm, we help clients navigate the probation violation process, protect their rights at hearings, and advocate for alternatives to incarceration whenever possible.

If you are facing a probation violation, it is in your best interest to contact a qualified attorney who understands Michigan law and can help you achieve the best possible outcome. We are here to answer your questions and defend your rights every step of the way.