A Michigan Order Following Probation Violation Hearing is a court hearing that is held if a person on probation has violated the terms of their probation agreement. This type of hearing is used to determine if the probation violation warrants additional court-imposed penalties, such as jail time or additional probation conditions. Depending on the severity of the violation, the judge may choose to revoke probation and order the defendant to serve the remainder of their sentence in jail or prison. There are four types of Michigan Order Following Probation Violation Hearings: Preliminary Hearing, Violation Hearing, Dispositional Hearing, and Post-Dispositional Hearing. A Preliminary Hearing is the first step in the probation violation hearing process. During this hearing, the judge will decide whether there is probable cause to believe that the person on probation has violated the terms of their probation agreement. If the judge finds that there is probable cause, the case will continue to a Violation Hearing. At a Violation Hearing, the judge will hear evidence presented by both the prosecutor and the person on probation in order to determine if the probation violation has occurred. If the judge finds that the probation violation has occurred, the case will move to the Dispositional Hearing. At a Dispositional Hearing, the judge will consider factors such as the severity of the violation, the person’s prior criminal record, and the person’s behavior since the probation violation occurred. The judge will then decide what sanctions, if any, should be imposed on the person. A Post-Dispositional Hearing is the final step in the probation violation hearing process. During this hearing, the judge will consider the defendant’s compliance with the sanctions imposed by the court and decide if any changes should be made to the initial decision.
Michigan Order Following Probation Violation Hearing
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FAQ
(a) For a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a misdemeanor: (i) For a first violation, jail incarceration for not more than 5 days. (ii) For a second violation, jail incarceration for not more than 10 days.
The probation violation hearing is held before the original sentencing judge to determine by a preponderance of the evidence that the probationer violated his or her terms of probation.
The court may consider only evidence that is relevant to the violation alleged, but it need not apply the rules of evidence except those pertaining to privileges.
The most common probation violations include: Missing court or probation meetings. Failing to pay fines or restitution. Failing drug and alcohol tests. Failing to maintain employment. Incomplete community service. Unapproved associations with felons. Crossing state lines. Committing a new crime.
In general, the statutory maximum term of probation is three years for felonies and two years for misdemeanors. Lifetime probation is authorized for some drug offenses. However, within the statutory maximum, the length of probation is determined by the judge at sentencing.
Typically, a court will issue a bench warrant for the probationer's arrest when the authorities report to the court that a probation violation has occurred.