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Practice AreasParole and Probation Under Michigan law, probation is regarded as a privilege, not a right, and in theory, probation can be revoked for any reason or no reason at all. As a practical matter, however, the risk of imprisonment on a suspended sentence will usually only come up when the probationer is charged with a violation of a condition of probation, or is arrested for a new offense. Alleged probation violations such as a failed drug or alcohol test, a missed appointment with a probation officer, non-completion of a court-ordered treatment or counseling program, or association with a known criminal can all result in a notice of revocation hearing, where the court will determine whether the violation occurred as charged. Unlike criminal proceedings, a probation revocation hearing is conducted without a jury and the prosecution need not prove your guilt beyond a reasonable doubt. Instead, revocation of probation can be based on the judge's finding of a violation by a preponderance of the evidence, which simply means that it is more likely than not that the violation of probation occurred. In cases alleging probation violations such as those outlined above, attorneys can work with the prosecutor to make sure that your side of the story is clearly presented before the matter goes to a hearing. When an individual on probation is arrested on a new offense, however, most Michigan counties take a hard position on the matter. The probationer is exposed both to the risk of receiving the maximum sentence possible on the prior offense, while receiving a consecutive sentence if convicted on the new offense. A reputable attorney can help you avoid the worst consequences of a conviction of a new offense while on probation. Welcome || Firm Overview || Practice Areas Copyright © by Lahn & Associates, PLLC . All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |
 
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