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Probation Violation Hearings
Probation violations in the Michigan Courts take place all of the time. At a probation violation hearing
the defendants face many additional sanctions, including jail. The Michigan Probation Violation
statutes, MCL 771.1 and MCL 771.3, details the ability of the Court to impose probation conditions.
Once placed on probation, Courts have the ability to modify or revoke your probation, per MCL 771.4
and a Judge may sentence you to jail for the amount of time you could have went to jail on your
original case. For example, you were convicted or plead guilty to a misdemeanor punishable by up
to 93 days in jail and the Judge placed you on probation-- if you violate the terms and conditions
of probation, the Judge could put you in jail for up to 93 days.
If the Court alleges that you have violated your probation, you can request a hearing. At this hearing the prosecutor or probation department would have to prove by a preponderance of the evidence that you violated your probation. A "preponderance" is a low burden, in which the prosecutor or probation department have to show probable cause--essentially that you "probably" violated the terms of probation. It is important to speak with an attorney at Bommarito Law regarding your probation violation.
Bommarito Law regularly counsels their clients on how to avoid probation violations. However, probation violations do occur and fill up the courtrooms every week. Bommarito Law can assist you in preparing for your hearing, gathering the essential witnesses and documents to build your defense, and attend the hearing with you. Don't go to a probation hearing alone, call today to speak with an attorney.