Probation Violations

In any Violation of Probation (VOP) case, the defendant faces the maximum possible sentence for the original charge, ranging from the actual time served in jail for misdemeanors to potential years in prison for felonies. Michigan law mandates that any prison sentence, excluding life imprisonment, must be a "term of years," allowing eligibility for parole after serving the minimum sentence, with release required by the maximum term. The parole board's decision impacts the length of incarceration, capped at the maximum sentence. Additionally, a felony probation violation invokes consideration of Michigan Sentence Guidelines, with the sentencing judge having discretion to exceed them with proper justification. Contrary to common belief, incarceration is not inevitable for a probation violation if proactive legal defense and client cooperation are employed. Upon suspicion of a probation breach, a notice or revocation hearing follows, where guilt is determined by the judge based on a preponderance of evidence, emphasizing the need for swift legal action to mitigate consequences and secure a favorable outcome.