Wayne County Probation Violation Lawyer

When your probation agent files a violation, the judge who sentenced you gets a second look at your case, and the stakes are often higher than the first time. Attorney Christopher Brown is a Wayne County probation violation lawyer and former Detroit police officer. He served as assigned counsel in Wayne County Circuit Court from 2009 to 2020, and he defends violations in the Third Circuit Court and every Wayne County district court.

Recent Wayne County Probation Violation Results

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

Fourth Probation Violation on Felony OWI: No Prison, Treatment Plan Adopted — Wayne County

Our client was on felony probation for third-offense OWI when he faced his fourth probation violation, for missed and positive alcohol tests. At his third violation, before he hired our office, the court sentenced him to 30 days in jail and warned him that the next violation would mean prison. Understandably, he was terrified. He was already in substance abuse counseling, but he was also struggling with his mental health. Together, we built a plan. Before the hearing, he completed an intake with a psychologist and was set to enter an inpatient program, followed by a three-quarter house so he could focus on his sobriety and his health. Instead of prison, the court adopted our plan, with no incarceration.

Third Circuit Court — Wayne 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.

How Michigan Classifies a Violation

The first question in any violation case is what kind of violation the agent is alleging. Michigan law treats the two kinds very differently, so a Wayne County probation violation lawyer checks the petition against the law before anything else.

Technical: A technical violation breaks a rule of your probation. Common examples are missing an appointment or missing a drug test. In Attorney Brown’s experience, missed or positive drug tests are the violations he sees most often.

Nontechnical: A nontechnical violation is more serious. It covers new criminal conduct, contact with a specific person a no-contact order protects, and absconding, which means intentionally failing to report or tell your agent where you are for 60 days or more. It also covers drinking alcohol while on probation for felony drunk driving.

Our Michigan probation violation guide explains the statewide rules in more detail.

Felony OWI Probation and Alcohol

This rule catches many Wayne County clients by surprise. On felony drunk driving probation, a positive alcohol test isn’t just a broken rule. Instead, the law can treat it as a nontechnical violation, which removes the usual jail limits. That’s why a plan for treatment matters so much in these cases, as our felony OWI result shows.

How Much Jail a Technical Violation Can Bring

On felony probation, Michigan sets ceilings for technical violations. A first violation can bring up to 15 days in jail, a second up to 30 days, and a third up to 45 days. After that, prison becomes possible. These are limits, not required sentences. In addition, probation connected to domestic violence or stalking follows separate rules, so those limits may not apply.

A New Charge While You’re on Probation

In Attorney Brown’s experience, the hardest violations to defend are new criminal cases. The prosecutor can pursue the violation before the new case goes to trial, and an arrest alone still isn’t proof. As a result, anything you say at the violation hearing can follow you into the new case, so both cases need one plan.

Timing also matters. A new charge isn’t a violation if the conduct happened before your probation began, even if police or prosecutors file the charge later.

When a client on misdemeanor probation in a Wayne district court picks up a new felony, the outcome in the felony case often shapes the district court’s response. In Attorney Brown’s experience, the district court isn’t bound by the circuit court, but it usually avoids a sentence that conflicts with the felony disposition.

What Happens After a Violation Is Filed

Arraignment: Under a Third Circuit Court order, a person arrested on a felony probation violation is arraigned within 24 hours, or on the next business day. For many violations, the starting point is release or a personal bond. Violations involving new felonies, assaults, drunk driving, absconding, or tether removal are more likely to mean you stay in custody.

Notice and summons: For most technical violations, Michigan’s court rules call for a summons instead of an arrest warrant. You also have a right to written notice of what you’re accused of.

Hearing deadline: If you’re held in jail on the violation, the court must hold your hearing within 14 days or release you until the hearing.

Burden of proof: At a contested hearing, the prosecutor must prove the violation by a preponderance of the evidence. You can present evidence and question witnesses.

In some technical cases, the court may allow a written acknowledgment instead of a hearing. With an acknowledgment, the judge can change or extend your probation but can’t jail you for it. Similarly, the court can’t jail you for failing to pay unless it finds that you could pay and didn’t make a good-faith effort.

Felony and Misdemeanor Probation in Wayne County

Felony violations: These go back to your sentencing judge in the Third Circuit Court. The court’s Criminal Division sits at the Wayne County Criminal Justice Center on Russell Street in Detroit. Agents from the Michigan Department of Corrections supervise felony probation.

Misdemeanor violations: These return to the district court that placed you on probation, such as the courts serving Dearborn, Livonia, Westland, Canton, Taylor, and Southgate.

Know Your Judge

Attorney Brown has appeared before every Wayne County district court judge and most, if not all, of the criminal judges in the Third Circuit Court. His years as assigned counsel taught him what each judge and prosecutor expects. Because Wayne County’s dockets are so heavy, a request for leniency needs support: documented treatment, testing records, and proof of the steps the client has already taken.

Treatment Courts and Alternatives to Prison

A judge is far more likely to choose an alternative when the plan is already in place. In our felony OWI case, the client had finished an intake and had an inpatient bed and a three-quarter house lined up before the hearing.

Treatment courts: The Third Circuit Court runs a Drug/DWI treatment court, a Mental Health Court, and a Veterans Treatment Court. These programs usually last 18 to 24 months and require screening, so raise them early.

Swift and Sure: The court also lists Swift and Sure Sanctions, a closely supervised program with quick responses to violations. It can serve as an alternative to revocation for some clients with repeated compliance problems.

Community Corrections: Wayne County Community Corrections offers cognitive programs, domestic violence treatment, substance abuse services, and residential treatment for adult felony offenders. A referral can support a request to continue probation with new conditions.

Probation Violation Warrants in Wayne County

If you think you have a probation violation warrant, don’t wait for police to find you. A Wayne County probation violation lawyer can confirm the warrant, plan your appearance, and bring the documents the judge will want to see. Showing up on your own terms, with a plan, usually leads to a better result than an arrest at a traffic stop.

We Also Handle

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

We also defend Wayne County drunk driving, domestic violence, drug, gun, and sex crime cases.

Wayne County Probation Violation FAQ

Is a positive alcohol test a technical violation?

Usually, yes. However, on probation for felony drunk driving, drinking alcohol can count as a nontechnical violation, and the usual jail limits may not apply.

Can I go to prison for a probation violation in Wayne County?

On felony probation, yes. The law limits jail for the first three technical violations, but nontechnical violations and later violations can lead to prison.

Will I get a bond on a probation violation?

It depends on the violation alleged. A Wayne County probation violation lawyer can prepare a bond request with proof of work, housing, and treatment.

Does a new charge mean I violated probation?

Not always. If the conduct happened before your probation started, it isn’t a violation.

Talk to a Wayne County Probation Violation Lawyer

• Former Detroit police officer who knows how violation reports are written
• Assigned counsel in Wayne County Circuit Court from 2009 to 2020
• 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.