Detroit & Michigan Probation Violation Lawyer
If you have violated your Probation, you could be facing penalties even more severe than the original offense.
When a judge sentences you to probation, he expects you to live up to the terms of that probation. And if you violate the judge's orders, you need an experienced and aggressive Probation Violation Attorney to defend you.

When a judge orders probation he typically will require the defendant to report to probation monthly, refrain from any other criminal conduct, abstain from using alcohol and drugs, and be subjected to random drug screens and or alcohol breath tests. In addition, the judge will require the defendant to pay a probation oversight fee which typically is $40 per month but may be less if the defendant can show good cause why it should be lowered. The length of time a judge may impose probation is typically 1 year but the judge can impose probation for a maximum of 5 years.

When a probation violation occurs, the defendant may be ordered to court for a probation violation hearing or VOP hearing.  Where as in a criminal matter the prosecutor must prove beyond a reasonable doubt that the defendant committed a crime, at a VOP hearing, the Prosecutor only has the burden to prove that a probation violation occurred by a preponderance of the evidence or by a belief of more than 50% that the defendant violated probation.

There are several factors that the Judge and Prosecutor use when considering a probation violation.  They include:

• The nature and seriousness of the probation violation
• Whether there has been a history of prior violations
• If the violation included new criminal activity or rather was a failure to pay probation oversight fees
• The recommendation of the probation officer
• The circumstances surrounding the violation or other mitigating effects

If you have violated probation there are many things you can do to reduce the impact. An experienced probation violation attorney can contact your probation officer and inform him or her of the violation before they learn it on their own. Our office can also recommend certain actions that may convince the prosecutor or the judge to give you a second change. If you are on probation and have violated that probation, you need an experienced and aggressive probation violation attorney to help. Call the Law Office of James G. Schmier, PLLC for a no-cost consultation to discus your options