Probation Violations and Personal Protection Orders at The Law Office of Robin Persiconi
If you are convicted of a misdemeanor or felony in Michigan, you run the risk of being assessed a fine and being incarcerated for a period of time. However, the judge, with the consent of the Defendant, may elect to forego those severe penalties and, instead, place the offender on probation in the community where his or her sentence will be served. If the probationer follows all of the rules and conditions, reports to the probation officer when directed, and avoids new criminal behavior, then the probationer can complete his or her punishment without ever having seen a jail cell.
On the other hand, failure to follow the rules or committing new crimes can result in the court violating the probationer for failure to comply with the terms and conditions, and could ultimately result in the revocation of the probationary sentence and placing the offender in jail or prison instead.
Probation Violations in Michigan
Effective April 1, 2021, the Michigan Legislature passed a series of criminal justice reform laws that, in part, minimized the possible jail time that can result from committing a technical probation violation. “Technical probation violation” means a violation of the terms of a probationer’s probation order that is not listed below, including missing or failing a drug test. Technical probation violations do not include the
- A violation of an order of the court requiring that the probationer have no contact with a named individual.
- A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
- Consuming alcohol while on probation for a felony conviction of operating while intoxicated.
- Absconding by intentionally failing to report to the probation officer or advise of his or her whereabouts for a continuous period not less than 60 days.
The maximum penalties 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 are as follows:
- For a first violation, jail incarceration for not more than 5 days.
- For a second violation, jail incarceration for not more than 10 days.
- For a third violation, jail incarceration for not more than 15 days.
- For a fourth or subsequent violation, jail incarceration for any number of days, but not exceeding the total of the remaining eligible jail sentence.
The maximum penalties for a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a felony are as follows:
- For a first violation, jail incarceration for not more than 15 days.
- For a second violation, jail incarceration for not more than 30 days.
- For a third violation, jail incarceration for not more than 45 days.
- For a fourth or subsequent violation, jail or prison incarceration for any number of days, but not exceeding the total of the remaining eligible jail or prison sentence.
The court is not allowed to revoke probation on the basis of a technical probation violation unless a probationer has already been sanctioned for 3 or more technical probation violations and commits a new technical probation violations. This means that the court must reinstate the offender on probation after the temporary incarceration is completed. However, the rules for technical probation violations do not apply to offenders on probation for domestic violence, stalking or aggravated stalking.
It is important to note that at an arraignment on the alleged probation violation, the court must inform the probationer of all the following rights:
- He or she has a right to contest the charge at a hearing.
- He or she is entitled to a lawyer’s assistance at the hearing and at all subsequent court proceedings, and that the court will appoint a lawyer at public expense if the probationer wants one and is financially unable to retain one.
- He or she has a right for the hearing regarding an alleged probation violation to be held within 14 days after the arraignment or the court must order the probationer released from that custody pending the hearing. However, if the alleged violation is based on a criminal offense that is a basis for a separate criminal prosecution, the court may postpone the hearing for the outcome of that prosecution.
A 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. Hearings on the revocation must be summary and informal and not subject to the rules of evidence or of pleadings applicable in criminal trials. There is no right to a jury.
If you are accused of violating probation, you need a skilled criminal defense lawyer in your corner that can help you persuade the judge to keep you out of jail or prison. Some possible defenses to a violation include the following:
- The rule or condition was too unclear or vague.
- The violation was unavoidable (e.g. probationer couldn’t report because he or she was hospitalized to due to a medical emergency).
- The probationer substantially complied with the terms and conditions of probation and, with a little more time, can come into full compliance (e.g. fines and costs not entirely paid and community service not entirely finished).
There is too much at stake to take a chance on a substandard defense. If you or a loved one is accused of violating probation and needs legal representation, then do not hesitate to contact the expert in this area, Robin Persiconi, for assistance.
Another criminal justice reform that was passed in Michigan 2021 was the opportunity for a probationer to petition the court for an early termination from probation if certain terms and conditions have been met.
Personal Protection Orders in Michigan
A Personal Protection Order (PPO) is an injunctive order that protects the petitioner (The Person asking for the PPO) from domestic abuse or stalking by the respondent (Person against whom the PPO is sought). There are two types of PPOs, depending on the identity of the party to be restrained. A domestic relationship PPO is available to protect a petitioner who is in a domestic
relationship from domestic abuse (including stalking). Domestic relationship includes a dating relationship.
A nondomestic relationship PPO is available to restrain anyone who (1) is engaging in stalking, aggravated stalking, or cyberbullying; (2) has been convicted of sexually assaulting the petitioner or of furnishing obscene material to the petitioner; or (3) has threatened the petitioner with, or subjected the petitioner to, a sexual assault. No particular relationship is required for a nondomestic stalking PPO (i.e., the respondent might be a neighbor, coworker, or stranger).
A petition for a PPO must be filed in the family division of circuit court. If a PPO is entered, it has immediate effect, regardless if served upon the Respondent. Violating a PPO carries both civil penalties, meaning a fine, and can also subject the offender to jailtime. Thus, a PPO is a serious matter, not to be treated lightly.
Early Termination of Probation
The Law Office of Robin Persiconi is committed to helping individuals navigate the legal complexities of probation, including the pursuit of early termination. If you have adhered to the terms and conditions of your probation and completed at least half of your probationary period, you may be eligible for early termination. Robin Persiconi can assess your situation and guide you on whether an early termination motion is the right course of action for you.
Robin's extensive experience includes successful representation of petitioners seeking early termination, helping to reduce their probation period and regain their freedom sooner. She understands the importance of thorough preparation and compelling presentation of such petitions to the court, and she leverages her expertise to advocate effectively for her clients' interests.
With Robin Persiconi on your side, you can rest assured that your case will be handled promptly, professionally, and with the utmost attention to detail.
Choose Robin Persiconi for Probation Violations, Personal Protection Orders, and Early Termination of Probation
When faced with legal challenges such as probation violations, seeking early termination of probation, or navigating personal protection orders, you need a seasoned attorney who can provide you with comprehensive guidance and representation. Robin Persiconi brings years of experience and a deep understanding of the law to these complex situations. Whether you're a petitioner seeking a PPO, facing probation issues, or hoping for an early termination of probation, Robin is ready to help.
For issues regarding Personal Protection Orders, Probation Violations, or Early Termination of Probation, there's only one correct choice. Contact The Law Office of Robin Persiconi today to schedule a consultation and discuss your legal needs. Our team is dedicated to providing you with the highest quality legal representation and ensuring that you receive the best possible outcome in your case.