Can I avoid jail on a probation violation?
Just because you’ve violated probation does not mean you have to do any time in jail or prison. There are ways to convince the judge to give you a second chance.
Jail is Not Mandatory for a Violation of Probation
Typically, you make a mistake, learn from it, and move on. This is how life works, right? Not while you are on probation, and depending on the court, a probation violation can have disastrous consequences. So, what can be done to help you avoid jail if you make a mistake and violate probation? A lot! If you proactively take steps to get on the right track and make a credible and reliable plan, a judge might be convinced to give you another chance without a harsh consequence. With careful preparation and a zealous defense, you can usually avoid jail on a probation violation.
What is the best way to get out of a violation of probation (VOP) and avoid jail?
Every case is different, and there is no “cookie-cutter” formula for fixing a felony or misdemeanor violation of probation. Someone must carefully look at your situation and weigh many factors to come up with a plan that will work. Things a judge will consider include your criminal history, previous performance on probation, the facts of the original offense, the biases of the judge and prosecutor, and your general life circumstances. Coming up with a winning plan takes extensive experience and knowledge of the system. Most experienced violation of probation lawyers fail and then watch the client get hauled off to jail.
Who is the best attorney for a violation of probation?
There are many lawyers and someone for every price range. For those without financial resources, there is always the option of a court-appointed attorney. The biggest problem with an appointed lawyer is that you cannot pick who you want, and you will not have any time to plan or prepare. As for retained attorneys handling probation violations in Michigan, you should consider the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. They have an unparalleled track record of helping clients successfully win violation of probation hearings and avoid jail and prison. Although no lawyer can guarantee anything, a great lawyer gives you the best chance of getting out of a rough spot with a tough judge.
What is the sentence for violation of probation?
The maximum sentence for violation of probation is whatever the maximum sentence was for the original felony or misdemeanor offense. A violation of probation is not a new crime and doesn’t result in a separate conviction. A VOP is a continuation of the original offense, and any sentence goes to the original conviction. For a misdemeanor, the maximum is most likely up to 93 days or 1 year, and you would get credit for any previously served time. For a felony, the maximum sentence is the statutory maximum prison sentence for the original offense.
Examples of violation of probation maximum sentences:
- OWI (operating while intoxicated) 1st – 93 days
- Domestic Violence – 93 days
- Retail Fraud 3rd Degree – 93 days
- Assault and Battery – 93 days
- OWI 2nd – 1 year
- Possession of Marijuana – 1 year
- Retail Fraud 2nd Degree – 1 year
- Possession of a Controlled Substance – 4 years
- Felonious Assault – 4 years
- Retail Fraud 1st Degree – 5 years
- Uttering and Publishing – 14 years
- Habitual Offenders have increased maximums.
What alternatives are there for violation of probation?
Judges have broad discretion when determining a sentence for a probation violation. With or without more jail time, they can extend probation, order additional fines and costs, order community service, jail alternative programs, boot camp, therapy, education, tether, additional or new alcohol or drug testing, home confinement, and much more. In many cases, a judge can be convinced to impose some other consequence besides incarceration. Again, different judges handle these matters in various ways; it is critical to have a lawyer who knows how to best proceed with your case.
Michigan Violation of Probation Lawyers
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience successfully representing clients accused of violating probation. If there is a way to beat the violation, we will find it. If a plea to the probation violation is the best option, we can help you avoid incarceration or get the lowest amount of jail possible. We will do everything that can be done to help you avoid jail or prison, and we are very good at getting favorable results.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.