Michigan Criminal Attorneys Blog
An accusation of probation violation will result in a court date with the Judge who sentenced you or the Judge who is now in charge of your original Judge’s docket. Probation violations are often treated seriously by Judges for a number of reasons, including: protecting the integrity of the judicial system, protection of the community, deterring others from violating probation, deterring the probationer from reoffending, and the need to rehabilitate the offender.
Whether or not the probation violation will result in a jail or prison sentence depends upon a number of factors:
- Did the probationer actually violate his or her probation? The probationer has the right to a contested hearing before the Judge assigned to the case. At that hearing the probationer is presumed innocent, and it is up to the prosecution to prove by a preponderance of the evidence (that it is more likely than not true that he or she violated his or her probation). The probationer has the right to be represented by a lawyer. The probationer has the right to cross examine witnesses, and subpoena witnesses. The probationer can choose to testify or remain silence and not have the silence considered against the probationer in any way. If the probation violation cannot be proven, the probationer has the right to continue on probation.