Michigan Probation Violation Defense Lawyers
We have an unparalleled track record of success representing clients charged with violating probation. If you face an accusation of a probation violation, we can help you.
The Best Possible Defense to Probation Violation Charges
The violation of probation violation defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. represent clients on misdemeanor and felony violations of probation throughout Michigan. We frequently appear on probation violations in Oakland County, Macomb County, Wayne County, Livingston County, Washtenaw County, and Southeastern Michigan. Our lawyers will do whatever it takes to help a client avoid a probation violation conviction and incarceration. We have decades of experience in courts throughout Michigan and will find a way to help you!
The key to providing the best possible defense against a probation violation allegation is legal representation that is proactive, passionate, and creative. By being proactive regarding any violation or potential probation violation, a defendant can demonstrate that they take the court seriously, respect the judge’s authority, and are motivated to prove they are worthy of a second chance at compliance. Being creative is also vital to successfully defending a violation of probation and critical to reducing or eliminating any potential consequence or jail sentence that the judge may be contemplating.
“Can I do anything to stop a probation violation?”
It is best to be proactive if you’ve violated probation. You can take steps immediately to lessen or avoid jail or prison. A skilled pre-charge attorney can guide you on steps to mitigate the probation violation charges and any potential sentence. For example, if you tested positive for alcohol or drugs, your lawyer can refer you to a substance abuse expert for an evaluation or a respected therapist. Violations, including failure to complete community service, a new criminal charge, failure to report truthfully, absconding probation, failure to test, and others, can all be mitigated by a probation violation defense lawyer with experience defending these charges.
Possible Outcomes – How Probation Violation Defense Lawyers Can Help
In any VOP, the defendant faces the maximum possible sentence on the original charge. For example, a violation of probation on a 93-day misdemeanor can result in a sentence of up to 93 days in county jail (with credit for time served). If the original charge was a felony, punishable by up to four years in prison, the violator could receive a sentence of up to four years in prison (otherwise known as a term of years).
Other than a sentence to life in prison, any prison sentence in Michigan must be a “term of years.” A “term of years” means the defendant is eligible for parole after serving the minimum sentence. The Department of Corrections must release him no later than the maximum sentence. For example, a “one-to-four-year sentence” means the defendant will be eligible for parole after one year. He cannot serve longer than four years if the parole board never grants parole. To make matters more complicated, the minimum amount of time cannot exceed 2/3 of the maximum amount of time ordered by the sentencing court.
A judge on a felony probation violation must consider the Michigan Sentence Guidelines when fashioning a sentence for violation of probation. The sentencing guidelines for the VOP are whatever the sentencing guidelines were for the original offense. A sentencing judge can exceed the sentencing guidelines; however, there must be a good reason for this to happen legally. A top probation violation defense lawyer will know the most persuasive arguments to convince the judge to focus on rehabilitation instead of punishment.
Jail and Prison Are Not Necessary, Even if Incarceration Seems Unavoidable
Despite what an ordinary criminal defense lawyer may say, a jail or prison sentence may be avoidable for a felony or misdemeanor probation violation if the defense attorney is willing and able to do everything possible to avoid such a penalty. The client must be willing to do what is necessary to assist the violation of probation lawyer.
Most probation violations are technical probation violations. A technical probation violation is any breach of the probation supervision order, except (1) new criminal activity, (2) no contact order violations, (3) consuming alcohol while on felony OWI probation, and (4) absconding bond.
Misdemeanor Probation Violations
Someone found guilty of a technical violation of probation on a misdemeanor case is subject to the following penalties:
- 1st violation – 5 days in jail
- 2nd violation – 10 days in jail
- 3rd violation – 15 days in jail
- 4th or subsequent violation – up to the balance of the entire jail sentence available on the original charge.
Felony Probation Violations
Someone found guilty of a technical violation of probation on a misdemeanor case is subject to the following penalties:
- 1st violation – 15 days in jail
- 2nd violation – 30 days in jail
- 3rd violation – 45 days in jail
- 4th or subsequent violation – up to the balance of the entire prison sentence available on the original charge.
Client Testimonials
Probation Violation Dismissed Due to False Positive Alcohol Test
“I was terrified when I was accused of violating my probation after an ETG test falsely showed I had consumed alcohol. I knew I hadn’t, but I couldn’t prove it. Thankfully, I hired LEWIS & DICKSTEIN, and they took the time to investigate every detail. They discovered that my consumption of vanilla caused the false positive, and they were able to get the violation completely dismissed. I can’t thank them enough for fighting for me and clearing my name. If you’re facing a probation violation, you need these guys on your side!” – T.S.
Probation Violation Dismissed – No Specificity in Court Order
“I was on probation for a domestic violence case and violated it by driving down my ex-wife’s street, not knowing that was against the order. Facing a serious violation, I turned to LEWIS & DICKSTEIN for help. Their team carefully reviewed the probation order and argued that it wasn’t specific enough to stop me from driving on a public road. They won the hearing, and the violation was dismissed! Their expertise and dedication saved me from major consequences. I highly recommend them if you need a lawyer for probation violations.” – M.L.
Probation Violation Reduced – Saved from Prison
“I was on probation with one of the toughest judges in Oakland County, and every lawyer I talked to told me I was going to prison for violating probation. But then I found LEWIS & DICKSTEIN. They worked tirelessly on my case and got the violation modified to a ‘technical violation,’ which meant I only faced 15 days in jail instead of a long prison sentence. I couldn’t believe the results. If you face the impossible, this law firm can get you the best possible outcome.” – L.M.
A Winning, Proven Strategy
When the probation violation attorneys with LEWIS & DICKSTEIN, P.L.L.C. represent clients on VOPs, we have a strategy developed over many years to avoid incarceration if possible and minimize other potential consequences. We also carefully examine every aspect of our client’s cases, their lives, and their other personal circumstances to develop the most persuasive argument possible for a lenient sentence, a delayed sentence, and, in many cases, a DISMISSAL of the violation of probation.
With decades of dedicated criminal defense practice, we have carefully studied the judges and probation officers throughout Michigan to learn what factors are consistently most persuasive with each jurist and what factors the judges find most damaging. We take the time to fully customize each client’s defense to maximize their chances of success.
If you are charged with a probation violation, please call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We will take the time to speak with you, answer your questions, and address your concerns. We will work with you to develop a winning strategy.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
Frequently Asked Questions About Probation Violations
What is Probation?
Courts have the authority to impose probation as a penalty. A person found guilty of committing a crime is placed on court supervision, called “probation.” Probation allows a person to remain in their community under the supervision of a probation officer. However, this option is not available for every offense; some offenders are sent to jail or prison without being offered probation.
“What happens if I do not follow probation?”
Not taking probation seriously is a catastrophic error. The purpose of this is to ensure public safety; if someone disregards a condition of their probation, public safety may be compromised. When someone violates the terms of their probation, they must appear before the judge again. For violating probation, the person may be sent to prison or imprisonment.
“What are the two types of probation violation in Michigan?”
There are two sorts of probation violations in Michigan: direct and indirect. An indirect violation occurs when someone acts or does not act contrary to the rules of your probation. Failure to fail a drug test or miss a meeting with your probation officer constitutes an indirect violation.
A direct violation happens when a probationer is arrested and convicted of a new crime while still on probation. This could result from a second offense or their failure to attend probation meetings. If a person misses a court date and a bench warrant is issued for their arrest, their subsequent arrest and conviction might be considered a direct violation.
“How can a defense lawyer help with a probation violation?”
Getting a competent attorney to give a compelling defense in a probation violation case can substantially affect the outcomes. Regarding this charge, the judge has discretion as to the penalties. Therefore, if a person has a competent criminal defense attorney, they may be able to convince the judge to be more lenient.
In some instances, a person’s drug test may have returned a false positive, or they may have had a compelling cause for missing their probation meeting. If this is the case, a lawyer might argue the matter before the judge and persuade them to be lenient. A false positive could land an otherwise innocent person in jail without a skilled attorney.
“What are the most common probation violations?”
- Failing to maintain employment
- Failing to attend full or part-time school
- Violation of a no-contact order
- Changing a residence or contact information without notifying the probation officer
- Failing to pay fines, costs, or restitution (or failure to pay on a timely basis)
- Failing to complete community service or volunteer work.
- Failing to complete a court-ordered program such as therapy, education, or drug/alcohol treatment
- Testing positive for illegal drugs, non-prescribed medication, or alcohol
- Failing to appear or appearing late for drug or alcohol tests
- Being arrested for or charged with a new crime
- Missing appointments or appearing late for a meeting with the probation officer
- Leaving Michigan without authorization
- Missing a court appearance
- Missing a substance abuse evaluation
- Engaging in assaultive or threatening behavior
- Possessing a firearm
- Making a false statement to a probation officer
- Failing to report police contact
- Violation of a curfew
- Violation of an electronic tether or entry into a restricted zone
Our Defense Lawyers Tenaciously and Fearlessly Represent Clients on All Probation Violations
We have successfully defended clients charged with the following offenses:
- Violation of Probation Defense Attorney Third Offense – OWI
- Violation of Probation Defense Attorney OWI – Operating While Intoxicated
- Violation of Probation Defense Attorney Operating While Visibly Impaired
- Violation of Probation Defense Attorney OWI Causing Serious Injury or Death
- Violation of Probation Defense Attorney Retail Fraud First Degree
- Probation Violation Defense Attorney Criminal Sexual Conduct
- Probation Violation Defense Attorney Felonious Assault
- Probation Violation Defense Attorney Domestic Violence Third Offense
- Probation Violation Defense Attorney Domestic Violence
- Probation Violation Defense Attorney Assault and Battery
- Probation Violation Defense Attorney Aggravated Assault
- Probation Violation Defense Attorney Retail Fraud
- Probation Violation Defense Attorney Felony Firearm
- Probation Violation Attorney Assault with Intent to Do Great Bodily Harm
- Probation Violation Attorney Homicide (murder, manslaughter, and negligent homicide)
- Probation Violation Attorney PWID (Possession with Intent to Deliver) a Controlled Substance (heroin, cocaine, etc.)
- Probation Violation Attorney Medical Marijuana Charges
- Probation Violation Attorney Embezzlement
- Violation of Probation Defense Attorney Larceny from a Person or Larceny from a Building
- Violation of Probation Defense Attorney Armed and Unarmed Robbery
- Violation of Probation Defense Attorney Bank Robbery
- Violation of Probation Assault with Intent to Rob While Armed and Unarmed
- Violation of Probation Defense Attorney No Account Check
- Violation of Probation Defense Attorney Nonsufficient Funds Check
- Violation of Probation Defense Attorney Child Support Felony – Refuse or Unable to Pay
- Violation of Probation Defense Attorney CCW (Carrying a Concealed Weapon)
- Violation of Probation Defense Attorney Bookmaking
- Violation of Probation Defense Attorney RICO
- Violation of Probation Defense Attorney Conspiracy to Commit a Felony
- Violation of Probation Defense Attorney Home Invasion First and Second Degree
- Violation of Probation Defense Attorney Breaking and Entering
- Violation of Probation Defense Attorney Child Abuse First, Second, and Third Degree
- Violation of Probation Defense Attorney Vehicular Homicide
- Violation of Probation Defense Attorney Arson of Real Property
- Violation of Probation Defense Attorney Arson of Personal Property
- Violation of Probation Defense Attorney Attempt to Commit a Felony
- Violation of Probation Defense Attorney Possession of Child Pornography
- Violation of Probation Defense Attorney Malicious Destruction of Property
- Violation of Probation Defense Attorney Escape from Jail or Prison
- Violation of Probation Defense Attorney Felony Violation of Probation
- Violation of Probation Defense Attorney Failure to Register as a Sex Offender
- Violation of Probation Defense Attorney Resisting and Obstructing a Police Officer (Obstruction)
We regularly practice in the following courts:
Oakland County:
- Oakland County Circuit Court Violation of Probation Attorney
- 52-1 District Court in Novi Violation of Probation Attorney
- 52-2 District Court in Clarkston Violation of Probation Attorney
- 52-3 District Court in Rochester Violation of Probation Attorney
- 52-4 District Court in Troy Violation of Probation Attorney
- 35th District Court in Plymouth Violation of Probation Attorney
- 43rd District Court in Hazel Park Violation of Probation Attorney
- 43rd District Court in Madison Heights Violation of Probation Attorney
- 43rd District Court in Ferndale Violation of Probation Attorney
- 44th District Court in Royal Oak Violation of Probation Attorney
- 45-A District Court in Berkley Violation of Probation Attorney
- 45-B District Court in Oak Park Violation of Probation Attorney
- 46th District Court in Southfield Violation of Probation Attorney
- 47th District Court in Farmington Hills Violation of Probation Attorney
- 48th District Court in Bloomfield Hills Violation of Probation Attorney
- 50th District Court in Pontiac Violation of Probation Attorney
- 51st District Court in Waterford Violation of Probation Attorney
Macomb:
- Macomb County Circuit Court
- 37th District Court – Warren
- 38th District Court – Eastpointe
- 39th District Court – Roseville
- 40th District Court – St. Clair Shores
- 41A District Court – Sterling Heights
- 41A District Court – Shelby Township
- 42nd District Court – Romeo
- 42nd District Court – New Baltimore
- 41B District Court – Mt. Clemens
Wayne County:
- Wayne County Circuit Court Probation Violation Attorney
- 16th District Court – Livonia Probation Violation Attorney
- 17th District Court – Redford Probation Violation Attorney
- 18th District Court – Westland Probation Violation Attorney
- 19th District Court – Dearborn Probation Violation Attorney
- 20th District Court – Dearborn Heights Probation Violation Attorney
- 21st District Court – Garden City Probation Violation Attorney
- 22nd District Court – Inkster Probation Violation Defense Attorney
- 23rd District Court – Taylor Probation Violation Defense Attorney
- 24th District Court – Allen Park and Melvindale Violation of Probation Attorney
- 25th District Court – Lincoln Park Probation Violation Defense Attorney
- 26-1 District Court – River Rouge Probation Violation Defense Attorney
- 26-2 District Court – Escorse Probation Violation Defense Attorney
- 27 District Court – Wyandotte Violation of Probation Attorney
- 27 District Court – Riverview Violation of Probation Attorney
- 28 District Court – Southgate Probation Violation Defense Attorney
- 29 District Court – Wayne Violation of Probation Attorney
- 30 District Court – Highland Park Violation of Probation Attorney
- 31 District Court – Hamtramck Violation of Probation Attorney
- 32A District Court – Harper Woods Violation of Probation Attorney
- 33rd District Court – Trenton, Rockwood, Flat Rock, Woodhaven, Brownstown, Grosse Ile. Violation of Probation Attorney
- 34th District Court – Romulus, Belleville Violation of Probation Attorney
- 35th District Court – Northville, Plymouth, Canton Township Violation of Probation Attorney
- 36th District Court – Detroit Violation of Probation Attorney
In Livingston County:
- Livingston County Circuit Court Violation of Probation Attorney
- 53rd District Court – Brighton and Howell Violation of Probation Attorney
In Washtenaw County:
- Washtenaw County Circuit Court Violation of Probation Attorney
- 15th District Court – Ann Arbor Violation of Probation Attorney
- 14A District Court – Ypsilanti Township Violation of Probation Attorney
- 14B District Court – Balance of Washtenaw County Violation of Probation Attorney
