Probation Violation in Wayne County, Michigan

Your Best Defense for a VOP in Wayne County

If you face felony or misdemeanor probation violation charges anywhere in Wayne County, we can give you a proven defense that consistently results in dismissals and sentences without jail time.

Violation of Probation in Detroit or Elsewhere in Wayne County

If you stand accused of probation violation in Wayne County, enlist the representation of a qualified, seasoned, and reputable Wayne County defense attorney immediately. Failing to complete a court-ordered activity or relocating without authorization from your probation officer may seem like small, insignificant choices; however, the consequences are taken seriously in the Wayne County Circuit Court’s Frank Murphy Hall of Justice and the various district courts. Without the representation of a savvy, seasoned attorney, the court may revoke your probation, and the judge may order you to serve jail time. A conviction and sentence for a violation of probation may be avoidable. Unlike a retained Wayne County lawyer, a “low budget” attorney or court-appointed lawyer will not do everything it takes to get you the best possible result.

Know the Terms of Your Probation

Many probation violators unknowingly fail to carry out a probation requirement, so it is essential to be fully aware and understand what the court expects from you. Terms of probation are all different and tailored personally to each individual. An accusation of a probation violation in Wayne County can result in jail or prison time and must be taken seriously.

A term of probation may be that the individual must keep a job or pass a drug test. Common probation violations include missing appointments with the probation officer and missing a court appearance. We all have moments of forgetfulness and lapses in judgment, but even the most minor infraction can have huge ramifications. Wayne County judges consider probation a matter of trust. Once the trust is broken, avoiding a more substantial sentence can be challenging, unless you have a great criminal defense lawyer.

One of the most common issues facing our clients in Wayne County is that the courts often fail to provide the defendant with a copy of the Order of Probation. Failing to give the defendant a copy of the document spelling out the terms and conditions of probation is a setup for failure and a violation of due process. A probation violation in Wayne County must be willful and knowing, or the defendant is not guilty!

Every probation violation is defendable!

Every probation violation in Wayne County is defendable in some way. Many defenses can result in a complete dismissal of all charges, including lack of intent, mistake, substantial compliance, unreliable alcohol or drug test procedure, duress or necessity, mistaken identity, and many more.

If you violated probation and wish to avoid jail or prison, we can help you. Even in cases where the Probation Department recommends a harsh sentence, there are many ways to defend against a recommendation for imprisonment. Our strategy when fighting a probation violation in Wayne County usually includes being prepared to argue for an alternative to jail time, like therapy, a fine, continued probation, or community service. Persuading a judge to consider an alternative to jail time is not easy, and it takes a highly-skilled, effective, and experienced lawyer to make a credible and compelling argument.

Penalty for Probation Violation in Detroit and Other Courts in Wayne County

The maximum sentence for a Wayne County probation violation conviction on a felony or misdemeanor is the same as the maximum penalty for the original offense. For example, if you are on probation for a first offense of domestic violence, OWI, or retail fraud, the maximum possible sentence is 93 days in jail. For a felony, the same rule applies. If the original charge carried a maximum possible sentence of 10 years in prison, the same maximum applies to a probation violation. Although the odds of incarceration may increase with a second or subsequent probation violation, the maximum penalty doesn’t increase.

How do criminal defense lawyers defend clients facing probation violation allegations?

Top criminal defense lawyers utilize various strategies and approaches when defending clients facing Wayne County probation violation allegations. The specific approach depends on the nature of the alleged violation, the evidence available, the terms of the original probation, and other relevant factors. Here are some common strategies and defenses:

• Challenging the Allegations: One of the most straightforward defenses is simply arguing that the alleged violation did not occur.

• Lack of Knowledge: A defense attorney might argue that the defendant was unaware of specific terms of their probation or that they were not adequately informed.

• Mistake or Misunderstanding: The lawyer could argue that the probationer misunderstood the terms of their probation or made an honest mistake.

• Lack of Intent: It might be argued that the probationer did not intend to violate the terms or that the violation was unintentional.

• Insufficient Evidence: The defense can challenge the evidence presented by the prosecution to show that it does not sufficiently prove a probation violation occurred.

• Technicalities or Ambiguities: Sometimes, the terms of probation can be ambiguous or open to interpretation. A defense lawyer might argue that their client did not violate the spirit of the terms or that the terms were unclear.

• External Circumstances: The defense may present evidence that external circumstances beyond the probationer’s control led to the violation.

• Rehabilitation and Remorse: If a violation did occur, the lawyer might present evidence showing that the client is remorseful, has taken steps to correct their behavior, or has sought treatment or counseling.

• Character References: Presenting character witnesses or letters of support can help paint a picture of the defendant’s overall character, arguing that the violation was an aberration and not representative of their usual behavior.

• Negotiating with the Prosecutor: Sometimes, it might be beneficial to negotiate with the prosecution for less severe probation violation charges or a more lenient punishment in exchange for certain actions or admissions by the defendant.

• Mitigating Circumstances: Even if a violation is admitted, the defense can present mitigating circumstances that may lessen the severity of the consequences.

Burden of Proof for a Wayne County Probation Violation

It’s essential to understand that probation violation hearings differ from regular criminal trials. The standard of proof is lower; the prosecution usually only needs to prove a Wayne County probation violation by a “preponderance of the evidence” rather than “beyond a reasonable doubt.” This distinction makes it crucial for the defendant to have a competent defense attorney familiar with the nuances of probation violation hearings.

We Can Help You Avoid Jail Time

Hiring an aggressive, reputable lawyer is paramount to staying out of jail if you have violated or are accused of violating probation. We have successfully represented clients charged with felonies, misdemeanors, and probation violations in Wayne County for decades, and we have an unparalleled track record of achieving extraordinary results.

We have a strong history with judges and court staff and have successfully kept our clients out of jail after Wayne County probation violation allegations. After many years of defending and protecting clients in Wayne County, we know how to protect our clients and minimize the potentially life-altering consequences of a felony or misdemeanor probation violation.

If you are accused of a probation violation in Wayne County, call us now for a free consultation, and we will find a way to help you. Don’t be sold out by the lowest bidder. The prosecutors in Wayne County will be tough; you need a lawyer who is going to be tougher.

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 and, most importantly,
we are not afraid to win!

Wayne County Courts Handling Felony and Misdemeanor Probation Violations

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is ready, willing, and able to provide you with the best possible defense and compassionate representation regarding a probation violation in Wayne County.

Related posts:

Wayne County Airport Checkpoint Violation Probation Violation Attorney Oakland County Oakland County Violation of Probation Attorney DUI in Wayne County Michigan