If you are on probation for a misdemeanor or a felony and you violate the terms of your probation, you could find yourself with a warrant for your arrest. It may be in your best interest to have a Michigan criminal defense attorney
Earlier this month the Michigan Court of Appeals issued an Opinion on whether a probationer was lawfully arrested when the probation violation warrant was not sworn under oath. In the instant case, the probationer failed to show up to his probation appointments, failed to notify the probation department of his change of address, commission of a crime, and failed to get his GED. The probation officer requested an arrest warrant from the court which it granted. When the probationer finally showed up for an appointment at the probation department, he was arrested by a Deputy Sheriff. The defendant appealed to the Michigan Court of Appeals stating that the arrest was not valid.
In their opinion, the Michigan Court of Appeals stated “The first reason why this was a valid arrest is that an arrest warrant was not, in fact, required in this case. MCL 764.15(1)(g) authorizes an arrest without a warrant whenever a “peace officer has reasonable cause to believe the person . . . has violated one or more conditions of a . . . probation order imposed by a court of this state . . . “
Work with the Best Michigan Criminal Defense Attorney
By violating the terms of your probation, you could find yourself back before the Court and facing stiffer penalties. Having a Michigan criminal defense attorney representing you could be in your best interest. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have represented clients on violations of probation throughout Michigan and most frequently in Oakland County, Macomb County, Wayne County Livingston County, and Washtenaw County. For a free consultation please fill out a Request for Assistance Form
or call us at (248) 263-6800 and a criminal law attorney in the law firm will promptly and personally contact you.