Legal Question in Criminal Law in Michigan
I I'm on probation for possession of Marijuana. I violated 2 months ago. I violated because my job would not allow me to take off for probation. This is my first offense and probation. Will I end up getting jail time? I also paid all my fines.
4 Answers from Attorneys
You are always at risk for jail on a violation. Hire local counsel to help you avoid time.
Hopefully your attorney will explain the job situation to the judge. The judge might or might not accept an explanation or testimony from your employer. You can read more at:
www.AggressiveCriminalDefense.com
Theoretically you are always at risk for jail with any probation violation. Realistically, it depends on the judge and what your PO is recommending. Some judges and POs are more understanding than others. If you have not violated in any other way, they may have compassion and not send you to jail. They could extend your probation or add to your conditions. They could take the firm stance that it is up to you to make your probation obligations-- not your employer's, but your responsibility. And if you can't do that, then jail is the only other alternative because probation is a gift-- a way of avoiding jail. Whatever you do, make sure you are represented by an experienced criminal defense lawyer that regulary handles probation violations infront of your particular judge.
Assuming you have not used marijuana in the last 30 days, get something (time card, a note from the boss to prove you were working) and show up on time to talk to your PO. Donate blood (keeping your receipt} before your appearance to show the court and probation that you're a good citizen who cares about someone other than yourself. Then, go to a few AA meetings with a sign-up sheet. You do NOT want to lose your 7411 status.
Show up 15 minutes early, no jeans or shorts. Wear dark pants and a clean long sleeve (tucked in) shirt. Clean shaven face. Be polite. Act scared (Judges like this). LISTEN CAREFULLY. Stand up straight. No hands in pockets. Address the judge as "your Honor". Plead guilty. Say you're sorry. An attorney won't afford you much help. Your mother would be more helpful.
If you do all this, jail time is highly unlikely. Most judges would simply tack on a few more months to your probation.
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