Detroit, Michigan Probation Violation Attorney
Receiving probation instead of an alternative sentence is considered a legal privilege. Judges typically frown upon probation violations, viewing them as undermining their decision to grant a lenient sentence. If you are accused of violating probation, having a skilled and dedicated attorney by your side is essential.
Initial Violation in Detroit, Michigan
A probation violation charge typically arises when your probation officer identifies a suspected breach of your probation conditions. Examples of violations may include failing a drug test, missing appointments, traveling beyond the authorized limits, failing to pay fines or restitution, and incomplete community service. As a result, the probation officer notifies the court, which may issue an arrest warrant or a summons to appear before the judge. In either case, you will appear before the judge, who will set bond conditions and decide whether you can be released pending further proceedings.
Violation Hearing in Detroit, MI
Afterward, your case will be scheduled for a violation hearing. Similar to a regular trial, both the prosecution and defense will be present, allowing both sides to present and cross-examine witnesses. However, unlike in a standard trial, it will be the judge, rather than a jury, who decides your fate. Furthermore, the burden of proof for your case will rely on a “preponderance of evidence” rather than “beyond a reasonable doubt.” If the judge concludes that there is a substantial likelihood, more probable than not, that you committed the violation, you may be deemed guilty.
Sentencing in Detroit
Upon a guilty verdict or acceptance of a plea deal, the judge has various sentencing choices. These may involve keeping probation, modifying the terms of probation, extending the probation period, or revoking probation altogether. In felony cases, the judge also has the power to impose a prison sentence.
Contact us for Detroit, MI Probation Violation Charges
Probation violations are taken seriously, and you need a good lawyer in your corner to assure that you do as little jail/prison time as possible. Our experienced attorney at The Law Office of Julian J. Poota, PLLC can help you. We offer clients a free initial consultation. To discuss your current legal situation, call us at (888) 399-7979 or contact us online.
Probation Violation Attorney for the 36th District Court
The 36th District Court is located at 421 Madison St, Detroit, MI 48226
Probation Violation Lawyer for the 3rd Circuit Court
The 3rd Circuit Court is located at 1441 St. Antoine, Detroit, MI 48226