Avoiding Jail Time for Violation of Probation
The Michigan criminal defense law firm of LEWIS & DICKSTEIN, P.L.L.C. successfully assisted another client in the 48th District Court from avoiding jail time for violating his probation. The client was put on probation for pleading guilty to the offense of Operating a Motor Vehicle under 21 with an Unlawful Blood Alcohol Level. While on probation, he violated one of the terms of his probation. The judge that heard his case had informed the client that he would receive a substantial term of jail time for his violation.
Under the statute that the client was charged with, MCL 257.625(6)(a), the allowable penalties that a defendant can receive is either community service for not more than 360 days and/or a fine of not more than $250.00. The defendant can also receive a sentence to a term of probation. During the probation period if the Defendant violates any terms of his probation, the court may conduct a violation of probation hearing. Having a Michigan criminal defense attorney to represent you during a violation of probation is an option you have and it is in your best interest to take advantage of that option. If the defendant is found guilty of the violation, the court can amend the defendant’s terms of probation, but they cannot sentence the defendant to serve any jail time. Also in a case for someone who has been convicted of a first offense of Minor In Possession (MIP), the court may not sentence them to any jail time for a first time violation of probation.
There have been some cases where the courts have charged the defendant with a criminal contempt charge for violating their probation. However, by doing so, the court is essentially violating the separation of powers under the Michigan Constitution. The intent of the legislature was not to issue any jail time for a first offense of Operating a Motor Vehicle Under the age of 21 with an Unlawful Blood Alcohol Level. The contempt power of the court cannot be used to circumvent the specific statute governing probation revocation. Therefore, if a defendant violates his terms of probation for Operating a Motor Vehicle under 21 with an Unlawful Blood Alcohol Level, the proper recourse that the court should take is to either add additional hours of community service not to exceed 360 hours and/or a fine of no more than $250, or the court can terminate the defendant’s probation entirely.
Lawyers Helping Clients With Avoiding Jail Time
The Michigan criminal defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have represented countless clients during a violation of probation hearing. Please feel free to contact our office at (248) 263-6800 or fill out a Request for Assistance Form and one of our attorneys will personally call you back.