Oakland County Probation Violation Lawyer

Accused of violating your probation in Oakland County? A probation violation can put you back in front of the judge who sentenced you, and this time, jail or prison may be on the table. You need an Oakland County probation violation lawyer who knows the law and knows how to present your side. Attorney Christopher Brown has defended clients in Oakland County courts since 2008. Call (248) 468-1468 any time, day or night, for a free consultation.

Recent Probation Violation Results

Felony OWI Probation Violation: Probation Extended, No Jail — Oakland County Circuit Court

Our client was on felony probation for a third-offense OWI. He was accused of drinking and tampering with his alcohol tether. The prosecutor asked the court to send him to prison. Because the underlying case was a felony drunk driving offense, drinking was not treated as a minor “technical” violation, so prison was a real possibility.

We presented records showing significant mitigating circumstances and made a strong case for our client to the court. As a result, the court extended his probation without any jail time.

Soberlink Violation: Probation Continued, No Jail — Southfield

Our client was on probation for a second OWI in the 46th District Court in Southfield. She was required to test with a Soberlink device, and one test registered .03. However, she had not been drinking on purpose. She was at a charity event, drinking Coke, and one of the drinks she was served contained alcohol without her knowledge.

We obtained her bill showing exactly what she ordered. She also passed a polygraph examination on the key questions: whether she ordered an alcoholic drink, and whether she knew she had consumed alcohol.

This was her third alleged violation, and because her original case involved an injury accident, the prosecutor asked for the maximum jail sentence. Instead, after considering our evidence, the court continued her probation with no jail.

Probation Violation Dismissed After a False Soberlink Reading — Waterford

Our client was on probation for a second OWI when his Soberlink registered a .04. Five minutes later, he retested at .00, and an EtG urine test that same day came back negative. After we presented the evidence, the 51st District Court dismissed the violation.

See more of our case results.

What Is a Probation Violation in Michigan?

Probation comes with conditions. Common ones include reporting to a probation officer, testing for drugs or alcohol, paying fines and costs, staying away from certain people, and not committing new crimes. A probation violation is an accusation that you broke one of those conditions.

A violation is not a new criminal charge. Instead, the court decides whether you violated a condition and, if so, what should happen in your original case. That distinction matters. It means the court can resentence you on the original offense, up to the maximum that offense allowed.

Technical vs. Nontechnical Violations

Michigan law divides probation violations into two types, and the difference can decide whether you go to jail.

A technical violation is breaking a condition of probation, such as missing an appointment or missing or failing a drug test. Michigan law limits the jail time a judge can impose for technical violations.

Some violations are never technical. These include:

• Committing a new crime, whether or not you are charged
• Contacting someone the court ordered you not to contact
• Drinking alcohol while on probation for a felony drunk driving offense
• Absconding, meaning intentionally failing to report or tell your probation officer where you are for at least 60 days in a row

These nontechnical violations do not get the same protections. In those cases, the judge has much more power to send you to jail or prison.

Jail Limits for Technical Probation Violations

For most technical violations, Michigan law caps the jail time a judge can impose, depending on whether your original case was a misdemeanor or a felony:

In addition, a judge generally cannot revoke probation for a technical violation unless you have already been sanctioned for three or more technical violations. Some cases, including certain domestic violence cases, are treated differently. These limits only help if someone raises them, which is one reason to have a lawyer at your hearing.

What Happens After You Are Accused

Summons or warrant: For a technical violation, the court is generally supposed to issue a summons, not an arrest warrant, unless it states a specific reason on the record. For other violations, the court may issue a bench warrant.

Arraignment: The court must give you written notice of the alleged violation. It must also tell you whether the violation is technical or nontechnical, the maximum possible sentence, and your right to a hearing and a lawyer.

The hearing: The prosecution must prove the violation by a “preponderance of the evidence,” meaning more likely than not. That is a lower standard than at trial, and there is no jury. The usual rules of evidence are relaxed, so hearsay may be allowed. Still, you have the right to present evidence and to question the witnesses against you. Also, an arrest or a new charge alone is not enough to prove a violation.

What the Judge Can Do

If the court finds a violation, the judge can continue your probation, change its conditions, extend it, or revoke it. If probation is revoked, the judge can sentence you on the original offense, up to the maximum that offense allowed. As our results show, strong mitigation can lead the court to continue or extend probation instead of imposing jail.

For a technical violation, the court may also allow you to admit the violation in writing without a hearing. An admission like that cannot, by itself, lead to jail or revocation. Even so, talk to a lawyer before you sign anything.

The Biggest Mistake We See: Not Fixing the Problem Before Court

In court, the biggest mistake we see people make is walking in to answer a probation violation without having done anything to fix the problem. Judges want to see that you take your probation seriously. The best mitigation often starts before your first court date:

• If you owe fines, costs, or restitution, pay what you can before your arraignment.
• If you missed a deadline to complete a class or program, complete it or at least enroll before you go to court.
• If you relapsed, get into treatment right away. If you are already in treatment, step it up, for example with more frequent sessions, intensive outpatient, or inpatient care.

Showing up with proof that you have already corrected the problem can make a real difference in how the judge responds. As your Oakland County probation violation lawyer, we help you take these steps early and present them to the court the right way.

Misdemeanor and Felony Probation Violations in Oakland County

Misdemeanor probation violations are handled in the district court that sentenced you, such as the 46th District Court in Southfield or the 51st District Court in Waterford. Felony probation violations are handled in the Oakland County Circuit Court in Pontiac.

The hearing process is similar, but the stakes differ. In a felony case, the maximum sentence can include prison. Either way, an Oakland County probation violation lawyer can make sure the court applies the right limits and procedures. Learn more about Oakland County criminal defense and the courts we practice in.

Common Probation Violations We Defend

• Positive or missed alcohol tests, including Soberlink and EtG results
• Positive or missed drug tests
• Tampering with an alcohol tether or other monitoring device
• Missed probation appointments
• New arrests or charges
• No-contact order violations
• Unpaid fines, costs, or restitution

For unpaid fines and costs, the court must consider whether you were actually able to pay before it can jail you or revoke probation for nonpayment.

How an Oakland County Probation Violation Lawyer Defends Your Case

Every probation violation case is different, but we start by asking the same questions:

• Did you actually violate a condition in your written probation order?
• Can the prosecution prove it, or is it relying on an arrest, an accusation, or unreliable hearsay?
• Was the violation correctly labeled as technical or nontechnical?
• Did the court follow the rules on warrants, notice, and hearing deadlines?
• Is the requested sentence allowed under the jail limits and the original offense?
• What mitigating evidence can we present about your treatment, work, family, and progress?

As a former Detroit police officer (1996–2003), Christopher Brown knows how probation officers and police document violations, and where those reports fall short.

Treatment Courts in Oakland County

Several Oakland County district courts run treatment courts, such as Sobriety Court, Veterans Treatment Court, and mental health courts. For the right client, these programs can offer a path that focuses on treatment instead of jail.

Courts with these programs include the 47th District Court in Farmington Hills, the 51st District Court in Waterford, the 52-2 District Court in Clarkston, and the 45th District Court in Oak Park.

If You Have a Probation Violation Warrant

A probation violation warrant will not go away on its own. If you know or suspect there is a warrant for you, call a lawyer before you turn yourself in. Planning ahead can affect when you are seen by the judge, whether you are released, and how your case begins.

Talk to an Oakland County Probation Violation Lawyer

• Former Detroit police officer
• Assigned counsel in Oakland and Wayne County Circuit Courts from 2009 to 2020
• Licensed in Michigan since 2008
• Free consultations, available 24/7
• Virtual meetings, credit cards, and payment plans accepted

Call (248) 468-1468 or contact us online for a free consultation.

This page provides general information about Michigan probation violation law. It is not legal advice for your specific case.

Get directions to our office: 755 W. Big Beaver Road, Suite 2020, Troy, MI 48084