Detroit & Michigan Probation Violation Lawyer
If you have violated your Probation, you could face penalties even more severe than the original offense.

When a judge sentences you to probation, he expects you to live up to the terms of that probation. And if you violate the judge's orders, think of it as telling the Judge that you are not going to listen to him or her. More than ever, you need an experienced and aggressive Probation Violation Attorney to defend you.

When a judge orders probation, they will typically will require the defendant to report to probation monthly, refrain from any other criminal conduct, abstain from using alcohol or drugs, and be subjected to random drug screens and or alcohol breath tests. In addition, the judge will require the defendant to pay a probation oversight fee which may be as high as $40 per month. It may be less if the defendant can show good cause why it should be lowered. The length of time a judge may impose probation is typically 1 year for misdemeanors but the judge can impose probation for a maximum of 5 years on a felony charge.

When a probation violation occurs, the defendant may be ordered to court for a probation violation hearing or VOP hearing.  Where, as in a criminal matter, the prosecutor must prove beyond a reasonable doubt that the defendant committed a crime, at a VOP hearing, the Prosecutor only has the burden to prove that a probation violation occurred by a preponderance of the evidence or a belief of 51% that the defendant violated probation. So even though you may have committed a crime while on probation and you were not convicted of that crime, you still could found guilty of violating probation.

There are several factors that the Judge and Prosecutor use when considering a probation violation.  They include:

  • The nature and seriousness of the probation violation
  • Whether there has been a history of prior violations
  • Whether the violation included new criminal activity or rather resulted from a failure to pay fines or other fees
  • The recommendation of the probation officer
  • The circumstances surrounding the violation and other mitigating factors

If you have violated probation there are many things you can do to reduce the impact. An experienced probation violation attorney can contact your probation officer and inform him or her of the violation before they learn it on their own. Our office can also recommend certain actions that may convince the prosecutor, your probation agent, or even the judge to give you a second change. If you are on probation and have violated your probation, you need an experienced and aggressive probation violation attorney to help keep you out of jail. Call the Law Office of James G. Schmier, PLLC for a no-cost consultation to discus your options

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742