Michigan Probation Violation Lawyer

A Michigan probation violation can put you back in front of the judge who sentenced you, and this time there is no jury and a lower standard of proof. Whether the accusation is a missed appointment, a failed test, contact with someone you were ordered to avoid, or a new arrest, what happens at the violation hearing can decide whether you stay in the community or go to jail. Attorney Christopher Brown, a former Detroit police officer who served as assigned counsel in Oakland and Wayne County Circuit Courts for more than a decade, defends probation violation cases in courts across Southeast Michigan.

This page explains how Michigan probation violation law works statewide. For how violations are handled in Oakland County’s courts, including treatment courts and local warrants, visit our Oakland County probation violation lawyer page.

Recent Michigan Probation Violation Results

Every case is different, and past results do not guarantee a similar outcome.

Probation Violation Dismissed After Video and Phone Records Disproved No-Contact Allegation — Allen Park

Our client was on probation for a domestic violence offense, with a condition that he have no contact with the complainant. During a bitter divorce, she accused him of calling her at all hours of the night from different phone numbers and hanging up.

We challenged that story with evidence. We obtained our client’s phone records and subpoenaed video from a business where he was making a purchase at the exact time one of the calls supposedly came in. The video showed he was not on his phone. The court found him not guilty of the alleged violation.

24th District Court — Allen Park, Wayne County

Probation Violation: Not Guilty After a Hearing — Livonia

The probation officer wrongly accused our client of missing required monthly drug tests. After we reviewed our client’s records and questioned the probation officer at the hearing, the court found our client not guilty.

16th District Court — Livonia, Wayne County

Restitution Probation Violation Dismissed — Washtenaw County Circuit Court

The probation officer accused our client of not making enough effort to pay court-ordered restitution. At the violation hearing, we showed our client had made good-faith payments and could not pay the full amount before the case closed. The court agreed and dismissed the violation.

22nd Circuit Court — Washtenaw County

See more probation violation case results.

How Michigan Law Classifies a Probation Violation

Michigan law sorts every probation violation into one of two categories, and the category controls almost everything that follows: whether you get a summons or an arrest warrant, how much jail is possible, and whether probation can be revoked. MCL 771.4b.

A violation is nontechnical if it involves any of the following:

• A new law violation: breaking any state, local, federal, tribal, or other state’s law, whether or not you are charged with a new crime
• A no-contact order: contacting a specific person the court ordered you not to contact
• Absconding: intentionally failing to report to your probation agent or tell the agent where you are for at least 60 days in a row
• Drinking on felony OWI probation: consuming alcohol while on probation for a felony drunk driving offense

Every other violation is technical, including missed appointments, unpaid fees, curfew violations, and missing or failing a drug test.

When Michigan’s Technical Violation Jail Limits Don’t Apply

Michigan caps the jail time a judge can impose for a technical violation, and our Oakland County probation violation page explains those limits. But the caps do not protect everyone. They do not apply if you are on probation for domestic violence assault, another offense involving domestic violence, or stalking. They also do not apply to any nontechnical violation. If you fall into one of these groups, the judge has much more discretion, and the defense of the violation itself becomes even more important.

Summons or Warrant

For a technical violation, the law presumes the court will issue a summons or an order to show cause instead of an arrest warrant. A judge can still issue a warrant by stating a specific reason on the record, such as a danger to someone, leaving court-ordered inpatient treatment, or failing to appear on an earlier summons. For a nontechnical violation, the court can issue a warrant once it finds probable cause.

Your Rights at the Violation Hearing

A probation violation is not a new criminal trial, but you still have important rights under Michigan Court Rule 6.445:

• Written notice of the alleged violation, whether it is technical or nontechnical, and the maximum possible sentence
• A lawyer, appointed at public expense if you cannot afford one
• A prompt hearing: if you are held in jail, the hearing must be held within 14 days of your arrest, and within the jail sanction allowed for the violation, or you must be released until the hearing
• The right to see the evidence against you, present your own evidence, and cross-examine witnesses
• A decision by the judge on whether the violation was proven and whether it was technical or nontechnical

Why These Hearings Are Different

Two rules make a probation violation hearing harder than a criminal trial. First, the prosecutor only has to prove the violation by a preponderance of the evidence, meaning “more likely than not.” Second, the judge does not have to apply the rules of evidence, except those on privilege, so reports and statements that could not be used at a trial may be considered. That is why a successful defense usually depends on independent evidence, like the phone records and store video in our Allen Park case.

When the Violation Is a New Criminal Charge

If the violation is based on a new arrest, there are two cases moving at once: the new criminal charge and the probation violation. The court can postpone the violation hearing until the new case is resolved. What you say at one hearing can be used in the other, so the two cases need to be handled together, with a single strategy, from the start.

Missed and Positive Drug Tests: The Most Common Violation

The violations we see most often are missed or positive drug tests. How we handle one depends on what really happened:

• Prescription or false positive: if a valid prescription or a false positive explains the result, we contest the violation at a hearing and bring those facts out
• Relapse: if the result reflects a relapse, the better approach is usually to be proactive and start treatment before court, so the judge sees progress instead of only a problem

What a Violation Can Cost You

After a violation is proven or admitted, the judge can continue your probation, change its conditions, extend it, or revoke it and impose a jail or prison sentence. The consequences can reach beyond the violation itself:

• HYTA: if you were placed on probation under the Holmes Youthful Trainee Act, a violation can lead the judge to revoke trainee status and enter a conviction on your record
• 7411 and other deferrals: a violation can end a deferral for a first-time drug offense or similar program, resulting in a conviction instead of a dismissal
• Delayed sentence: a violation during a delayed sentence can lead the judge to sentence you on the original charge
• Revocation on a felony: if felony probation is revoked, the judge can impose a sentence on the original offense, including prison

Because so much can be at stake, the goal is often to resolve the violation in a way that keeps a deferral, HYTA status, or a delayed sentence intact.

How Long Probation Lasts in Michigan, and Early Discharge

Under current Michigan law, probation generally may not exceed 2 years for a misdemeanor or 3 years for a felony, with some exceptions. A judge may extend felony probation, but not more than 2 times and not more than 1 additional year each time, and only after making specific findings on the record. MCL 771.2.

Many people are eligible to ask for early discharge after completing half of their original probation term. Early discharge is not available for certain offenses, including domestic violence, stalking, and many sex offenses. A recent violation can hurt an early discharge request, which is another reason to resolve any accusation the right way.

How We Defend a Michigan Probation Violation

Our approach starts with the evidence and the classification:

• Challenge the proof: phone records, video, GPS data, receipts, employer records, and witnesses can show that a violation did not happen
• Challenge the classification: a violation charged as nontechnical may legally be technical, which can limit jail and protect against revocation
• Fix the problem before court: completing treatment, catching up on payments, or getting a new test can change the outcome
• Protect what you have earned: we work to keep HYTA status, 7411, a delayed sentence, or early discharge eligibility on track
• Coordinate with any new case: a new charge and a violation should be defended together

In our experience, the risk of jail depends heavily on how many violations you have had, and the highest risk comes from a violation based on new criminal activity. Even in those cases, we have had success keeping clients out of jail. It also pays to know the judge. Every judge has different tolerances for different violations, and Attorney Brown has appeared before the criminal court judges in Oakland, Macomb, and Wayne Counties. As a former police officer, he also knows how reports and accusations are put together, and where they fall apart.

What to Do If You Think You Violated Probation

What you do in the first few days after a possible violation can shape the outcome:

• Call your attorney right away. Don’t wait to see whether your probation officer notices.
• Call your attorney before you report to your probation officer after a possible violation, so you know how to handle that conversation.
• Be completely honest with your attorney. Don’t lie or leave anything out, even if it’s embarrassing. We can only plan around the facts we know.
• If the problem is substance use, ask about treatment now. Getting help before court can change the outcome.

Michigan Probation Violation FAQ

Is a missed drug test a technical violation in Michigan?

Yes. Michigan law treats missing or failing a drug test as a technical violation. That matters because technical violations generally come with a summons instead of a warrant and limits on jail time, unless an exception applies.

Can I go to jail for a first technical probation violation?

It is possible, but Michigan law limits how many days a judge can impose for a technical violation in most cases. The limits do not apply to people on probation for domestic violence or stalking offenses.

Should I call my lawyer or my probation officer first?

Call your lawyer first. After a possible violation, talk to your attorney before you report to your probation officer, so you understand your options and know how to handle the conversation. Don’t wait and hope the issue goes unnoticed.

Do I get a jury at a probation violation hearing?

No. The judge decides whether the violation was proven, and the prosecutor only has to prove it is more likely than not. You still have the right to a lawyer, to present evidence, and to cross-examine witnesses.

What if I am charged with a new crime while on probation?

A new arrest can be treated as a nontechnical probation violation even before you are convicted. The court can wait to hold the violation hearing until the new case is resolved. Talk to a lawyer before you say anything about either case.

Can a probation violation take away my HYTA or 7411?

It can. A violation may lead the judge to revoke HYTA status or end a 7411 deferral and enter a conviction. Resolving the violation the right way can help protect that outcome.

Can I get off probation early in Michigan?

Many people can ask for early discharge after completing half of their probation term, but it is not available for certain offenses, and the judge decides whether to grant it. A clean record on probation makes a request much stronger.

Talk to a Michigan Probation Violation Lawyer

If you have been accused of a probation violation, received a summons or show cause order, or learned there is a warrant for your arrest, talk to a lawyer before your court date. Attorney Christopher Brown offers free consultations 24/7, in person at our Troy office or virtually. Call (248) 468-1468 or contact us online.

We defend probation violation cases throughout Oakland, Macomb, and Wayne Counties and across Southeast Michigan.