Michigan Probation Violations Lawyers

The letter arrives from the court, or the phone call comes from your probation officer. In that single moment, the sense of security you had disappears. The threat of jail, which you thought was behind you, is now a real and immediate possibility.

You followed the rules, or you made a simple mistake, but now you stand accused of violating your probation. The prosecutor and your probation officer are not on your side.

Their job is to report the alleged violation and recommend punishment. Your job is to protect your freedom. To do that, you need a strong and experienced Michigan probation violation lawyer to defend your rights and fight for your future.

A probation violation is not a new criminal charge; in many ways, it is more dangerous. The rules are different, the standard of proof is lower, and the person who decides your fate is a single judge who may already feel you were given a chance and failed.

You cannot afford to walk into that courtroom unprepared. At Friedman Law Firm, we see the person behind the accusation. We provide the aggressive defense required to challenge the allegations and work to keep you out of jail and on track with your life.

Your Freedom Is on the Line: What Happens Now?

You are in a vulnerable position when you are accused of violating probation. The legal system that you just went through is now working against you with fewer protections in place.

For your original charge, a prosecutor had to prove your guilt “beyond a reasonable doubt.” For a probation violation, they only need to show a “preponderance of the evidence.” This means they only have to convince the judge that it is more likely than not that you broke a rule.

This lower standard makes it significantly easier for a prosecutor to succeed and for a judge to impose serious penalties.

The judge has immense power in these hearings. They can modify your probation with stricter terms, send you to jail for a short period, or completely revoke it and sentence you on the original offense.

This means you could face the maximum possible jail or prison sentence for the crime you were first convicted of.

Violations are generally sorted into two types, though both can have severe consequences.

• Technical Violations: These occur when you break a specific rule of your probation that is not a new crime. This is the most common type of violation. Examples include missing a meeting with your probation officer, failing a drug or alcohol test, not completing required counseling, or falling behind on paying fines and restitution.
• Substantive Violations: This is a more serious violation that occurs when you are arrested for or charged with a new criminal offense while on probation. Even a minor offense like a traffic ticket can be considered a substantive violation and jeopardize your probation.

The Probation Violation Process in Michigan

The clock starts ticking when your probation officer files a violation report with the court. The process moves very quickly and is designed to get you in front of the judge for a swift resolution.

Knowing these steps can help you prepare for what is ahead.

1. The Allegation and Report: Your probation officer drafts a report for the judge detailing how they believe you violated your probation terms. This report is the foundation of the case against you.
2. The Warrant or Order to Show Cause: Upon receiving the report, the judge will issue either a bench warrant for your immediate arrest or an “Order to Show Cause.” This court order commands you to appear in court on a specific date to explain why your probation should not be revoked. If a warrant is issued, you can be arrested at any time.
3. The Arraignment on the Violation: This is your first court appearance on the violation. The judge will read the specific allegations against you and will decide on bond. The judge can release you on a personal bond, set a cash bond, or deny bond altogether and hold you in jail until your hearing date.
4. The Probation Violation Hearing: This is the hearing where the prosecutor presents evidence and testimony to prove you violated your probation. Your probation officer will almost certainly testify against you.

You have the right to be present, to have an attorney, and to present your own evidence and witnesses to build your defense. The judge alone will hear the case and make a final decision.

Why Choose Friedman Law Firm?

A Former Prosecutor on Your Side

When you are fighting to protect your liberty, the person standing next to you in court matters. You need a defense team with the skill, reputation, and unique insight to give you the best possible chance at a successful outcome.

The attorneys at Friedman Law Firm provide exactly that.

We Know the Prosecution’s Playbook

Attorney Marc E. Hart, a former prosecutor for Wayne County, leads our criminal defense practice. This is not just a line on a resume; it is a distinct strategic advantage for you.

He spent years on the other side, building cases against defendants. He knows the methods prosecutors use, the evidence they look for, and the arguments they find persuasive. He can anticipate their strategy and identify weaknesses that other attorneys might miss in their case.

This insider’s perspective allows us to build a more effective and targeted defense for you.

Decades of Courtroom Experience

Our firm has decades of combined experience defending clients in the courtrooms of Royal Oak, Oakland County, Wayne County, and Macomb County. We have built a reputation for being prepared, professional, and formidable advocates for our clients.

Judges and prosecutors know us. They know we come to court ready to fight. This long-standing presence in the local legal community means we are familiar with the tendencies of the judges and the prosecutors you will be facing, giving us valuable context for your case.

A Commitment to Direct Communication

We know that one of the biggest sources of stress in a legal case is uncertainty. You deserve to know what is happening with your case and to have your questions answered promptly.

At Friedman Law Firm, communication is a priority. When you call our office, you can expect to speak with an attorney familiar with your situation. We return calls and emails, keep you informed of all developments, and ensure you have the information you need to make sound decisions about your future.

Building a Strong Defense for Your Probation Violation Hearing

An allegation is not a conviction. Even with the lower burden of proof, the prosecutor must still present credible evidence to the judge. A skilled defense attorney can challenge that evidence and present a compelling case on your behalf.

There is always a defense to be made. Our approach is to meticulously review every detail of the accusation to find the best path forward.

A successful defense can take many forms, including:

• Challenging the Evidence: We scrutinize the prosecutor’s evidence for flaws. Was a drug test administered correctly? Is the chain of custody for the sample intact? Is the accusation based on unreliable hearsay from a third party? We challenge any evidence that is weak, inadmissible, or violates your rights.
• Proving a Mistake or Misunderstanding: Many violations are not willful. You may have missed a meeting due to a documented medical emergency or a family crisis. You may have failed to report a change of address because you misunderstood the timeline. We gather the necessary documentation—medical records, work schedules, phone records—to show the judge that there was a legitimate reason for the alleged violation.
• Demonstrating Good Faith Compliance: We can show the judge that the alleged violation was an isolated incident in an otherwise successful probationary period. We highlight all the things you have done right: attending all other meetings, passing previous drug tests, staying current on payments, and completing other required programs. This provides important context and can persuade a judge to give you another chance.
• Negotiating a Favorable Resolution: Sometimes, the best strategy is to negotiate directly with the probation officer and the prosecutor before the hearing. We can often present mitigating information that convinces them to agree to a less severe penalty, such as continuing your probation with a simple warning instead of seeking jail time.

Penalties for Violating Probation in Michigan

If a judge determines that you have violated the terms of your probation, they have several options for punishment. The penalty will depend on the nature of your original crime, the seriousness of the violation, and your overall performance on probation.

Our goal is to present your case in a way that persuades the judge to choose the least severe option available.

Probation Continues with a Warning

For a minor, first-time technical violation, a judge may decide to give you a stern warning from the bench simply. They will then reinstate your probation under the exact same terms, allowing you to walk out of the courtroom and continue your life.

Probation with Harsher Conditions

The judge may decide to add new, stricter conditions to your probation. This could include more frequent check-ins with your probation officer, increased drug or alcohol testing, the addition of a GPS tether or alcohol monitor, or a requirement to complete more community service hours.

Jail Time and Reinstatement

A judge can order you to serve a short period in the county jail as punishment for the violation. This is sometimes called “shock time.” After you complete the jail sentence, the judge may either reinstate you on probation or terminate your probation unsuccessfully.

Probation Revoked and Resentencing

This is the most severe penalty. The judge can choose to revoke your probation entirely. If this occurs, the case goes back to sentencing for your original conviction. The judge can then sentence you to any penalty allowed by law for that crime, up to and including the maximum term in jail or prison.