Macomb County Probation Violation Defense Attorneys
In Macomb County, sentencing judges are considered fair and not overly punitive. However, the reputation of Macomb judges is much different regarding probation violations.
Experienced and Effective Macomb County Probation Violation Defense
For most felony and misdemeanor offenses, a sentencing judge can place the defendant on probation. Probation may or may not include a requirement that the defendant spends part of their time on probation in the county jail. A judge can include many probation terms and conditions that the defendant must comply with to successfully complete probation without a violation. Probation orders are so complex and demanding that defendants are often set up for failure. Your best hope of avoiding jail and other consequences of an alleged probation violation is with a Macomb County probation violation attorney with LEWIS & DICKSTEIN, P.L.L.C.
Our defense lawyers have decades of experience defending against probation violation allegations in Macomb County. Let us put our track record of success behind you and do whatever it takes to get you the best possible outcome! Call us for a free consultation, and we will find a way to help you.
Typical terms and conditions of probation include the following:
- reporting to a probation officer monthly or weekly,
- the inability to leave the state of Michigan,
- drug and alcohol testing,
- community service,
- a court public service detail,
- minimum work requirements,
- inability to be around children or vulnerable adults, and much more.
The Defense of Macomb County Probation Violations
The LEWIS & DICKSTEIN, P.L.L.C. Defense Team’s philosophy is that every probation violation is defensible one way or the other. If you are wrongfully accused of probation violation, defenses can be argued on your behalf, such as lack of willfulness (intent), mistake or misunderstanding, vague order of probation, unreliable drug or alcohol test result, expired order of probation, and many others.
In other cases, the allegation of probation violation may be true; however, the punishment suggested by the probation department or being considered by the judge may be too harsh or fail to consider mitigating circumstances. In situations where other lawyers felt jail or prison was inevitable, we have convinced judges to consider alternatives other than imprisonment. We frequently persuaded judges to order therapy, drug treatment, fines, community service, additional probation, and other creative alternatives. Even the toughest judges can be persuaded if the lawyer credibly and convincingly presents a different alternative.
The bottom line is that jail and prison can be avoided in many cases, even when incarceration seems to be a virtual certainty. The lawyer must be willing to fearlessly and tenaciously do whatever is necessary to protect their client.
Macomb County Circuit Court and District Courts
The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have appeared in the various Macomb County courts for decades. We are very familiar with the judges, prosecutors, and their staff. Some disreputable lawyers who have offices in Macomb County claim to have special relationships and guarantee particular outcomes. Representations such as these are unethical, manipulative, and untruthful. The fact is that judges, prosecutors, and probation officers respect lawyers who have reputations for being prepared and knowledgeable, zealous, and ethical. Hiring a lawyer who claims to have a special “in” with someone important almost always backfires. Don’t trust your fate to a “bargain-priced” or disreputable attorney.
The Macomb County Circuit Court judges handle felony probation violations. Because the maximum sentence for a felony is prison time, the judge can impose a prison sentence for a violation of probation. The maximum penalty for the violation is the same as the maximum sentence for the original charge. Although the judge must consider the sentencing guidelines at the time of sentencing, they are not bound by them and can order a sentence that exceeds the guidelines.
We routinely handle misdemeanor probation violations in district courts throughout Macomb County. The District Courts in Macomb County are:
- 42-1 Romeo District Court
- 42-2 New Baltimore District Court
- Clinton Township 41B District Court
- Eastpointe 38th District Court
- Fraser 39-B District Court
- Roseville 39th District Court
- Shelby Township 41-A District Court
- St. Clair Shores 40th District Court
- Sterling Heights 41A District Court
- Warren 37th District Court
The maximum sentence for a misdemeanor probation violation is the same as the maximum sentence on the original charge. For example, if the probation violation is for domestic violence, a 93-day misdemeanor, the maximum sentence for a violation of probation would be 93 days.
“What are the most common probation violations in Macomb County?”
The Macomb County Probation Violation Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has defended clients in thousands of probation violation cases. The most common allegations our attorneys encounter are the following:
- not appearing for a scheduled court appearance, such as a probation review date, on a set date and time,
- not reporting as directed to a probation officer,
- absconding from probation,
- not paying the fines and costs,
- not paying restitution as ordered,
- contact with known felons,
- contact with persons listed in a no-contact order (most often in domestic violence cases),
- traveling out of state without the permission of your probation officer or the court,
- not completing counseling, education, therapy, or substance abuse treatment as required,
- not maintaining employment or attending school as ordered,
- not supplying requested documents to probation,
- failing to complete community service,
- positive, missed, or diluted drug or alcohol tests,
- failing to report police contact, and
- committing new crimes or getting arrested.
Attorneys Successfully Defending Macomb County Probation Violations
If you want to avoid jail and seek a possible dismissal, you will need a top Macomb County lawyer by your side. The Macomb County defense lawyers with LEWIS & DICKSTEIN, P.L.L.C., will do everything possible to help you avoid a probation violation conviction, if possible. If the judge is considering jail time or the probation department recommends incarceration, our team will vigorously defend you and work tirelessly to prevent a harsh sentence. Call us right away for a free consultation. We will listen to you, treat you respectfully, communicate with you truthfully and regularly, and passionately defend and protect you in court.
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.