Probation is defined as a court-ordered period of supervision in the community, typically following a criminal conviction.
The conditions of probation can vary depending on the crime committed. It usually includes a requirement to regularly check in with a probation officer, abstain from illegal activities, and not leave the state without permission. If an individual on probation violates any of the terms of their probation, they may be subject to a probation violation hearing. They can be charged with probation violations.
When a person is placed on probation, they agree to follow the specific rules and regulations set forth by the court. If they violate any of these terms, they may be subject to fines, imprisonment, or both.
Types of Probation Violations
Michigan State Laws placed probation violations into two categories:
- Indirect Violation – An indirect probation violation includes any action that violates the terms of probation but does not result in an arrest. This could include things like failing to meet with your probation officer, breaking curfew, or using drugs or alcohol. A parolee who commits an indirect parole violation will usually be given a warning or required to complete additional probationary requirements. These requirements can include drug testing or community service. However, further indirect violations will lead to harsher penalties such as jail time.
- Direct Violation or New Criminal Offense – A new criminal offense occurs when an individual on probation commits a separate crime from the one, they were initially placed on probation. If parolees are arrested for a new criminal offense, they will typically be taken into custody and brought before a judge. The judge will then decide whether to revoke the individual’s probation and send them to prison or continue serving their probation with stricter conditions.
Penalties for Probation Violation
The penalties for a probation violation can vary greatly. This depends on on the severity of the breach and whether it is a first or subsequent offense. However, some of the most common penalties include:
Fines – Fines for probation violations range from a few hundred dollars to several thousand dollars.
Jail Time – Individuals who violate their probation can be sentenced to jail time, typically ranging from a few days to several months.
Revocation of Probation – If a judge decides that a parolee has not complied with the terms of their probation, they may revoke the individual’s probation and send them to prison. This is the most severe penalty for a probation violation and can result in a prison sentence of several years.
It is important to remember that violating your probation does not mean you are guaranteed to receive any of these penalties. The court will weigh all the facts and circumstances surrounding the violation before deciding. However, it is always best to comply with the conditions of your probation to avoid any potential penalties.
You Should Seek Legal Counsel if charged with Probation Violation
If you have been accused of violating your probation, it is essential to speak with an experienced criminal defense lawyer. Fran Murphy Law 248-763-4111 is an experienced criminal defense lawyer who can help you understand the charges against you and advise you on the best course of action. Fran Murphy Law may also negotiate a plea bargain or represent you in court.