Oakland County Probation Violation Attorney

The legal team at LEWIS & DICKSTEIN, P.L.L.C. is aggressive, effective, and dedicated to providing the best possible defense to those charged with violating probation.

Your Best Defense to Oakland County Probation Violations

According to Oakland County judges, “probation is not a right, but a privilege.” It is a sentence given to someone convicted of a crime that allows them to stay in the community, continuing to work or attend school. The judge can sentence a defendant to straight probation or probation with jail time as a condition. A probation officer supervises anyone placed on reporting probation. Unfortunately, for those sentenced to probation on a felony or misdemeanor in Oakland County Circuit Court or any local district court, judges frequently impose numerous complicated terms and conditions that even the most diligent and responsible probationer can struggle to comply with, resulting in unjust probation violations. Judges in Oakland County are harsh; you need Oakland County probation violation attorneys who are fearless and will do whatever it takes to achieve a favorable outcome.

What is a probation violation?

Probation comes with strict conditions that can be numerous, costly, and time-consuming. Courts in Oakland County often require payment of fines, community service, drug and alcohol testing, therapy, educational programs, regular reporting, tether monitoring, or participation in AA or NA meetings. A probation violation occurs when a person fails to comply with any of these terms, whether by missing a payment, skipping a class, testing positive for drugs or alcohol, or failing to report to a probation officer as required.

What constitutes a probation violation in Oakland County?

The Oakland County probation violation attorneys at LEWIS & DICKSTEIN, P.L.L.C. have seen it all and know how to best address any alleged violation. Whether it is a first or fifth violation, an aggressive, intelligent defense gives a probationer the best hope of avoiding a VOP conviction and incarceration. Typical allegations in Oakland County include the following:

failure to pay fines and costs
failure to complete community service
positive alcohol or drug test
diluted urine sample
new arrest or conviction
missed probation appointment or drug/alcohol test
failure to report police contact
leaving Michigan without permission
making a misrepresentation to a probation officer

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How do I deal with a probation violation in Oakland County?

A person is accused of violating probation when they fail to comply with a court-ordered action or when they engage in an activity the court has prohibited. Probation violations can range from failing to pay fines to committing a new crime. Often, an allegation of probation violation occurs when someone complies with a condition of probation, but not precisely as the judge ordered.

When the court becomes aware of a potential violation, it will generally schedule an arraignment to address the allegations of the violation. In Oakland County, judges frequently revoke a bond or set a high bond at the arraignment, forcing the defendant to sit in jail and await a hearing date. Having a skilled criminal law attorney with you at the VOP arraignment is vital to protect you and argue for a low or personal bond. An adequately prepared, persuasive, and highly effective argument can convince a judge to permit the defendant to remain on bail pending the hearing date.

At the probation violation hearing, a skilled VOP attorney will present arguments to the Court to minimize and explain the situation or have the violation completely dismissed.

How do I avoid jail for a probation violation?

In many cases, an Oakland County Probation Violation Attorney can craft a plan for a sentence that is an alternative to jail time and will be acceptable to the court. The team at LEWIS & DICKSTEIN, P.L.L.C. collaborates to develop a plan to minimize or mitigate the impact of a probation violation. We can frequently help our clients avoid jail time, maintain an under-advisement status, and prevent additional costs and probation obligations.

Types of Probation Violation and Penalties in Oakland County

Technical probation violations include failing to perform a required action or engaging in a prohibited activity as specified in the Order of Probation. Examples include missing a drug or alcohol screen, testing positive for alcohol or drugs, missing a court-ordered class, work program, or community service.

What are Technical Probation Violations?

Someone convicted of a technical violation of misdemeanor probation faces the following penalties:

For a first violation, a jail term of up to 5 days may be imposed.
For a second violation, a jail term of up to 10 days may be imposed.
For a third violation, a jail term of up to 15 days may be imposed.
For four or more violations, the judge can order incarceration up to the maximum penalty allowable by the original conviction offense.

A probationer convicted of a technical violation of felony probation faces the following penalties:

For a first violation, a jail term of up to 15 days may be imposed.
For a second violation, a jail term of up to 30 days may be imposed.
For a third violation, a jail term of up to 45 days may be imposed.
For four or more violations, jail or prison can be ordered for up to the maximum penalty on the original conviction offense.

What are Nontechnical Probation Violations?

The more severe or nontechnical probation violations include the following:

Absconding Probation: The probationer fails to report to their agent as ordered for more than 60 days.
No Contact Order Violation: The probationer has direct or indirect contact in violation of the Order of Probation
New Arrest for a Felony or Misdemeanor: A new arrest triggers a nontechnical violation, regardless of whether the individual is convicted.
Alcohol Consumption: Consuming alcohol while on felony OWI/DUI probation.

For these violations, a judge can sentence the defendant to the maximum sentence permitted by Michigan law for the original conviction offense. For example, suppose someone is on felony probation for OWI and fails to report to probation for 61 days. In this case, the judge can sentence them to five (5) years of prison.

Oakland County Criminal Defense Attorney

What is the penalty for a probation violation in Oakland County?

The potential penalties for a probation violation can range from continuing the probation without punishment to extending the probation, imposing jail/prison time, or revoking the probation. A jail or prison sentence can be up to the maximum possible at the time of the original sentencing date. Jail is not mandatory for probation violations, even when a judge told a defendant at their original sentencing that they would order jail for a violation. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have persuaded judges not to incarcerate our clients even when other lawyers believed it was inevitable.

A defense lawyer must do everything possible to protect a defendant who is on HYTA (youthful offenders), 7411 (drug cases), 771.1 (delayed sentence), 769.4a (domestic violence), a deferred sentence (often retail fraud), or an under advisement sentence.

What is the best way to avoid jail for a violation of probation?

The best, and maybe the only, way to avoid jail for a probation violation in Oakland County is to give the judge a credible alternative that accomplishes the court’s goals. Formulating viable options and finding a suitable alternative is often more art than science. For an attorney to give their client the best possible chance of avoiding jail, they must be exceptionally prepared, proactive, and thorough. A great lawyer can read the courtroom, the judge’s expressions, and the prosecutor’s body language, continually adjusting their approach, delivery, and argument. This level of exceptional representation is rare, and only the very best lawyers can master this type of control in the courtroom.

Aggressive, Respected, and Experienced Oakland County Probation Violation Attorneys

Because there is much at stake in probation violations, it is essential to obtain the most experienced and influential criminal defense attorneys. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are well-known and respected as top-notch defense attorneys, with a history of achieving extraordinary results in felony and misdemeanor cases throughout Oakland County. It takes a skilled defense attorney to protect you and give you the best chance of an acquittal or dismissal of the violation or a reduced sentence. Call us for a free consultation. We will take the time to talk with you, answer your questions, and work with you to develop a winning defense.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
We Are Not Afraid to Win!

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We Have the Success and Experience in the Oakland County Circuit Court and all District Courts within Oakland County

We have successfully handled countless probation violation matters in Oakland County Circuit Court and the following district courts:

Information About Oakland County, Michigan

Oakland County, Michigan, is a suburban county in the southeastern part of the state, just north of Detroit. It is the second-wealthiest county in Michigan, home to over 1.2 million people. Oakland County’s rich history dates back to the 1800s, when the area was primarily used for agriculture. However, with the arrival of the automobile industry in nearby Detroit, Oakland County experienced significant growth and development throughout the 20th century.

In recent years, Oakland County has become a hub for innovation and entrepreneurship. The county boasts a thriving tech industry, featuring numerous startups and established companies. Oakland County is also home to several world-class universities and research institutions, including the University of Michigan, Michigan State University, and the Beaumont Research Institute. Oakland County boasts a vibrant arts and culture scene, featuring numerous museums, galleries, and theaters. Overall, Oakland County offers a diverse and vibrant community for both residents and visitors.