Macomb County Probation Violation Lawyer

A probation violation can put you back in front of the judge who sentenced you, and this time the judge already knows your record. Attorney Christopher Brown is a Macomb County probation violation lawyer and former Detroit police officer who defends violations in the 16th Circuit Court and every Macomb County court. He also helps clients clear old warrants and get back on track.

Recent Probation Violation Results

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

Felony Probation Warrant After 10 Years Resolved With No Jail — Macomb County

Two months after being placed on felony probation, our client stopped reporting. She moved out of state and was gone for more than 10 years. She contacted our office to clear the warrant and handle the violation. Our client had been a victim of domestic violence and human trafficking. The court ordered an updated presentence report, and we submitted a memorandum supporting her account and documenting the steps she had taken on her own to rebuild her life. The court imposed no jail and continued her probation for six months so she could pay restitution. She paid it in full, and the court closed her case.

16th Circuit Court — Macomb County

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

See more of our case results.

Technical and Nontechnical Violations

Michigan law sorts probation violations into two types, and the type controls how much jail the judge can impose. For that reason, a Macomb County probation violation lawyer starts by checking how the violation report labels your case, and whether that label is right.

Technical violations: These are violations of your probation conditions, such as missed appointments or missed or positive drug tests. In Attorney Brown’s experience, missed or positive drug tests are the most common violations he sees.

Nontechnical violations: These include new criminal conduct, contact with a person a no-contact order names, alcohol use while on probation for felony drunk driving, and absconding. Absconding means intentionally failing to report or tell your agent where you are for at least 60 days in a row.

For the full statewide rules, see our Michigan probation violation guide.

Jail Limits for Technical Violations

For felony probation, Michigan law caps the jail a judge can impose for a technical violation. The limit is up to 15 days for a first violation, up to 30 days for a second, and up to 45 days for a third. In addition, the judge generally can’t revoke probation for technical violations until you’ve already been sanctioned for three and then commit a fourth. These are maximums, not mandatory sentences. However, domestic violence and stalking probation cases follow different rules, so the ordinary limits may not protect you there.

New Criminal Charges While on Probation

In Attorney Brown’s experience, nontechnical violations are the toughest, especially a new criminal case. The prosecutor doesn’t need a conviction on the new charge to prove the violation. For that reason, what you say at the violation hearing can affect the new case, and your lawyer should plan both cases together.

When the Conduct Happened Matters

A new charge isn’t always a violation. If the conduct behind the new charge happened before the court placed you on probation, it isn’t a probation violation, even though the charge is filed later. The date of the alleged offense controls, not the date of the charge.

District Court Probation and a New Felony

Sometimes a client on misdemeanor probation in a Macomb district court picks up a new felony case. In Attorney Brown’s experience, if the client pleads or is found guilty, the felony court’s sentence, whether a program or probation, carries a lot of weight. The district court isn’t bound by the circuit court. Still, it tends to impose a sentence that doesn’t conflict with the felony case.

Your Rights at a Probation Violation Hearing

Summons or warrant: For most technical violations, Michigan court rules call for a summons rather than a bench warrant.

Prompt hearing: If you’re arrested and held, the court must hold your hearing within 14 days of the arrest, or release you while you wait.

The prosecutor’s burden: The prosecutor must prove the violation by a preponderance of the evidence. An arrest alone isn’t enough.

In some technical cases, the court can also accept a written acknowledgment of the violation. When it does, the judge may continue, modify, or extend your probation, but can’t jail you or revoke probation for that acknowledgment. In addition, the court can’t jail you just because you couldn’t afford to pay. It must first find that you were able to pay and didn’t make a good-faith effort.

Clearing an Old Probation Warrant

Some clients come to us years after they stopped reporting. An old warrant doesn’t go away on its own, and the longer it sits, the more it can disrupt your job, your travel, and your life. A Macomb County probation violation lawyer can confirm the warrant, coordinate your appearance with the court and your probation agent, and prepare the court to hear why you left and what you’ve done since. As our 10-year warrant case shows, a strong record of rehabilitation can make a real difference.

Alternatives to Jail in Macomb County

In Attorney Brown’s experience, Macomb judges are fair and conscientious, and they appreciate a well-thought-out argument. Macomb County also offers several alternatives to jail, but eligibility isn’t automatic, so a concrete plan matters.

Swift and Sure: The 16th Circuit Court runs a Swift and Sure Sanctions Probation program for felony probationers with a history of compliance problems. Judge James Maceroni presides over the program. It involves intensive supervision, frequent reporting, and testing, so you should understand the demands before you apply.

Treatment courts: The court also runs an Adult Drug Court, a DWI/Sobriety Court, a Mental Health Court, and a Veterans Treatment Court. Each program screens applicants, so ask about them early.

Community Corrections: Macomb County Community Corrections can recommend treatment, electronic monitoring, testing, community service, or cognitive programs. A referral isn’t an acceptance, but it gives the judge an individualized plan to consider.

When the facts are hard, we build mitigation: treatment records, testing history, proof of work and family obligations, and a specific proposed sentence the judge can adopt.

Macomb County Courts We Appear In

Felony probation violations go before the 16th Circuit Court judge who sentenced you. Misdemeanor probation violations go back to the district court that placed you on probation. We defend probation violations in every Macomb County court, including the courts serving Warren, Sterling Heights, Shelby Township, Clinton Township, St. Clair Shores, and Chesterfield Township.

For probation violations in Oakland County, see our Oakland County probation violation page.

We also handle Macomb County drunk driving, domestic violence, drug, gun, and sex crime cases.

Macomb County Probation Violation FAQ

What is the difference between a technical and a nontechnical violation?

A technical violation breaks a probation condition, such as a missed or positive drug test. A nontechnical violation involves new criminal conduct, contact barred by a no-contact order, alcohol use on felony drunk driving probation, or absconding.

How much jail can I get for a technical probation violation?

On felony probation, the limit is generally up to 15 days for a first technical violation, 30 days for a second, and 45 days for a third. Domestic violence and stalking cases follow different rules.

Is a new charge always a probation violation?

No. If the conduct happened before the court placed you on probation, it isn’t a violation, even if the charge comes later.

Can I clear an old probation violation warrant?

Yes. A Macomb County probation violation lawyer can confirm the warrant, arrange your appearance, and present your side to the judge.

Talk to a Macomb County Probation Violation Lawyer

• Former Detroit police officer who knows how violation reports are built
• Experience before every criminal court judge in Oakland, Macomb, and Wayne Counties
• Licensed in Michigan since 2008
• Free consultations, available 24/7, in person at our Troy office or virtually
• Credit cards accepted and payment plans available

Call (248) 468-1468 or contact us online.