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What Constitutes a Probation Violation 1st offense in Michigan?

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What Constitutes a Probation Violation 1st offense in Michigan?

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What Constitutes a Probation Violation 1st offense in Michigan?

Probation violation (PV) is the end of the world. It’s an aggravating problem. More often than not, someone on probation for some kind of criminal offense is aware that they have committed some sort of taboo or FAILED to commit some sort of obligation they were ordered to do as a condition of the probation.

What Constitutes a Probation Violation 1st offense in Michigan?

The simple truth is that there is no less heavily legally sophisticated area of criminal and DUI practice than handling a client’s VOP (aka probation violation) in Oakland County, Michigan. It really doesn’t take much to violate someone with the probation department, usually there is more than enough evidence. Additionally, it is very uncommon for there to be any scientific fact or legal interpretation whose outcome is involved with the resolution of a violation. That is, a PV does not directly come from a person going out and doing the wicked thing, it usually results instead from the person in one way or another having screwed up, either by doing something the court told him not to do, or by not doing something the court required him to do.

Some of the most popular probation violations are listed below:

  • A positive alcohol test or drug test.
  • Another arrest for a new crime.
  • Driving without permission privileges (i.e. often with DUI).
  • Having failed to do something ordered by a court.
  • Not paying all the outstanding fines and costs at all.

An example of this would be to leave the state without permission, which was something forbidden. However, as far as there are untrue allegations of the violation, and an expert lawyer could assist their client to prove to the court that he or she had NOT committed the violation IN FACT. These situations may occur because someone failed an alcohol or drug test, or because they did not properly document the fact that their client attended the necessary item. Other times, there is a valid excuse as to why the alleged matter happened.

The Legal Process for Probation Violations

Probation violation is serious business. Remember, you agreed as a tradeoff with the Judge that you would follow the terms of probation that he or she set in exchange for him not putting you (or letting you out of jail). Now you must walk back in front of that same Judge to confess that you somehow screwed it up. This is an understatement to assume he or she won’t be happy. A “preponderance of the evidence” is the proof which is required to have someone convicted of a probation violation charge. Because it simply means that it’s more likely than not that a person broke one of the terms of his or her probation. It’s a lower hurdle than the ‘beyond a reasonable doubt’ that is necessary to convict someone of a crime initially. If there’s enough evidence that says you are ‘guilty,’ your probation violation attorney would have to convince that Judge to cease from his or her rage against you, and offer you a reason other than prison.