How Long Will I Go to Jail for Violating Probation in Michigan?

How Long Will I Go to Jail for Violating Probation in Michigan?

If you are convicted of either a misdemeanor or a felony in the State of Michigan, you may face jail time, prison time, fines, and other penalties. The judge may, however, choose the alternate path of putting you on probation, which will keep you out of jail and can feel like a real lifeline. 

Probation, however, is not – by any means – a free ticket, and there are careful rules, regulations, and restrictions that you’ll be required to follow. Failing to do so can send you directly to jail, which makes better understanding probation violations critical. If you have questions or concerns about your probation being revoked, don’t wait to consult with an experienced Michigan criminal defense attorney. 

Probation: The Basics

Some points to keep in mind when it comes to probation in Michigan include:

• When a judge grants probation, it is a matter of the judge’s discretion – you have no legal right to probation. 
• The judge is not required to grant a continuance of your probation if you violate the related terms. 
• If probation is revoked, the court can slap you with the sentence that you would have received had you not been granted probation in the first place. 
• When a probationer violates Michigan’s Sex Offenders Registration Act, probation must be revoked. 

Common Violations that Often Lead to a Revocation of Probation

Those violations that are most likely to send someone on probation to jail or prison include the following:

• Contacting someone the probationer has been instructed by the court not to contact 
• Violating any laws of Michigan, of a political subdivision of Michigan, of another state, of the federal government, or of tribal law
• Consuming alcohol while on probation for an Operating while Intoxicated felony charge
• Missing or failing a required drug test
• Intentionally failing to report to the probation officer or failing to advise the officer of where they – the probationer – can be located for 60 days or more

These are not considered technical violations, and they can leave you facing the full sentence you would have originally received. 

Probation Reform for Technical Offenses

In 2021, the State of Michigan tweaked its laws related to probation by minimizing the potential jail time given for probation violations that are considered technical in nature. Any violations outside of the list above are deemed technical, and the maximum jail time for each is 30 days behind bars – per violation. 

Look to an Experienced Michigan Criminal Defense Attorney for the Legal Guidance You Need

The formidable criminal defense attorneys at Lucido & Manzella, P.C. – proudly serving Clinton Township, Michigan – dedicate their imposing practice to aggressively defending the rights of clients like you – in zealous pursuit of advantageous outcomes, and we’re here for you, too. Our practiced legal team is standing by to help, so please do not put off reaching out and contacting us for more information about how we can help you today.