Macomb County Probation Violation Defense Attorneys
In Macomb County, sentencing judges are thought to be generally fair and not overly punitive. When it comes to probation violations, however, the reputation of Macomb judges is much different.
For the majority of felony and misdemeanor offenses, a sentencing judge has the option of placing the defendant on probation. Probation may or may not include a requirement that the defendant spend part of his or her time on probation in the county jail. A judge has the option to include a multitude of terms and conditions that the defendant must comply with to successfully complete probation without a violation. In many cases, the order of probation is so complex and onerous that the defendant is set up for failure.
Typical terms and conditions of probation include:
- 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 philosophy of the Defense Team with LEWIS & DICKSTEIN, P.L.L.C., 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 been able to convince judges to consider alternatives other than imprisonment. We frequently persuaded judges to order therapy, drug treatment, fines, community service, additional probation, and many other creative alternatives. Even the toughest judges can be persuaded if the lawyer presents a different consequence or in a credible and convincing way.
The bottom line is that jail and prison can be avoided in many cases, even when it seems that incarceration is a virtual certainty. The lawyer must be willing to fearlessly and tenaciously do whatever is necessary to protect his or her client.
Macomb County Circuit Court and District Courts
The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have been appearing in the various Macomb County courts for decades, and we are very familiar with all of 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 who are 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 judges in the Macomb County Circuit Court, located in Mt. Clemens, Michigan, handles felony probation violations. Because the maximum sentence for a felony is prison time, the judge has the option of imposing a prison sentence for a violation of probation. The maximum sentence for the violation is the same as the maximum sentence for the original charge. Although the judge is required to consider the sentencing guidelines at the time of sentencing, he or she is 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
- Macomb County Probate 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 violation of probation 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.
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 is recommending incarceration, our team will zealously defend you and tirelessly work to find a way of preventing a harsh sentence. We will listen to you, treat you with respect, communicate with you truthfully and regularly, and we will passionately defend and protect you in court. Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and we will promptly contact you.