Birmingham, MI Probation Violation Lawyer
Receiving probation rather than an alternative sentence is considered a legal privilege. Judges often disapprove of probation violations, seeing it as a failure to respect their choice of a “lesser sentence.” When confronted with an accusation of violating probation, it’s crucial to have a skilled and committed attorney advocating on your behalf.
Initial Violation in Birmingham, MI
The commencement of a probation violation charge usually arises when your probation officer identifies a suspected breach of a probation term. Examples may encompass failing a drug test, skipping appointments, departing the county without permission, failing to pay fines or restitution, or incomplete community service. Consequently, the probation officer notifies the court, resulting in either an arrest warrant or a directive to appear before the judge. In any case, you will appear before the judge, who will determine whether you can be released on bond and the terms of that bond.
Violation Hearing in Birmingham, Michigan
Subsequently, your case will advance to a violation hearing. Comparable to a standard trial, both prosecution and defense will be present, and each side will have the chance to call and cross-examine witnesses. However, unlike in a typical trial, your fate will be decided by a judge rather than a jury. Moreover, the burden of proof for your case will rely on the “preponderance of evidence” standard rather than the stricter “beyond a reasonable doubt” criterion. If the judge concludes that there is a significant likelihood, more probable than not, that you committed the violation, you may be deemed guilty.
Sentencing in Birmingham
If a guilty verdict is reached or if you choose to accept a plea deal, the judge has various sentencing options at their disposal. These options may involve maintaining probation, modifying the terms of probation, extending the probationary period, or revoking probation altogether. In felony cases, the judge may also decide to impose a prison sentence.
Contact us for Birmingham, 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 48th District Court
The 48th District Court is located at 4280 Telegraph Rd., Bloomfield Hills, MI 48302
The 48th District Court judges are:
Honorable Diane D’Agostini
Honorable Marc Barron
Honorable Kimberly Small
Probation Violation Lawyer for the 6th Circuit Court
The 6th Circuit Court is located at 1200 N. Telegraph, Pontiac, MI 48341
The 6th Circuit Court judges are:
Honorable Martha D. Anderson
Honorable Mary Ellen Brennan
Honorable David M. Cohen
Honorable Jacob James Cunningham
Honorable Nanci J. Grant
Honorable Jeffery S. Matis
Honorable Cheryl A. Matthews
Honorable Phyllis McMillen
Honorable Daniel Patrick O’Brien
Honorable Yasmine I. Poles
Honorable Kwame L. Rowe
Honorable Victoria A. Valentine
Honorable Michael Warren