Legal Question in Criminal Law in Michigan
I have a probation review tomorrow and I was wondering if I could possibly go to jail. I haven't missed a single court date (Going in front of a judge or my probation officer) and I haven't committed and other crimes since I was put on probation. I've also been making an effort to get all of my requirements met but it's been a little hard considering I'm a stay at home dad. Is there any chance at all I could go to jail??
3 Answers from Attorneys
If you have not fulfilled all of your probation requirements, a judge could violate you and jail is a possibility. If that sounds like it is happening, ask for an adjournment and hire a lawyer. This can make a giant difference in a violation. Tim Klisz. Kliszlaw.com
YOU think you are doing everything you're required to do, but the probation officer must not because he/she had to file a request with the judge to have you brought in for a probation violation hearing. The judge must think there's a possibility that you are not complying because the judge signed the show cause order. Sometimes the problem is a lack of communication between the defendant and the probation officer, sometimes it's a misunderstanding by the defendant as to what the probation terms require, etc ... and usually those problems do not result in jail sanctions. But if the violations are true and are 'willful' (purposeful, intentional, etc.) then the judge might use jail as a sanction and as an attention-getter.
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