Legal Question in Criminal Law in Michigan

Re: Stolen Vehicle

He could be punished for both a PV and the crime of keeping/stealing your car. It is not "double jeopardy" to be convicted and punished bor both.

A standard condition of probation (lifetime, or shorter) is to not violate any laws. Unfortunately, not all technical PVs are brought to the judge's attention ... and not all of those that ARE brought to the judge's attention result in a sanction. First, the Probation Officer exercises discretion in notifying the judge (some minor/technical violations are dealt with by the PO himself). Second, if the PO wants a review or sanction by the judge, a petition will be filed that summarizes what the alleged violation is, the judge reviews it and schedules a "show cause" hearing, and the defendant eventually appears before the judge to respond to the allegation that he violated terms of probation. The defendant can have a mini-trial (before the judge, not a jury) on whether he violated a probation term). If he pleads guilty or is found guilty of a probation violation, the judge can (a) do nothing, (b) change probation terms, (c) add/delete probation terms, (d) cancel probation, (e) incarcerate the defendant in jail or prison up to the maximum time allowed for the crime he was originally convicted of. In essense, the judge can resentence the defendant after a probation violation conviction. WHAT the judge does is totally discretionary. So, I can't say what his judge will do. Obviously, defendants with longer prior records, aggregious violations (especially those that endanger the public or show that the defendant has returned to the same criminal activity for which he was originally convicted) will more likely be punished than extended more leniency.

Whether the new crime was a felony or misdemeanor could be important. Most judges will view felony violations more seriously than misdemeanor violations.

Since you allowed him to take the car, but he just kept it longer than you allowed), I'm assuming he was charged with Joyriding (a misdemeanor) rather than Unlawfully Driving Away an Automobile (UDAA; a felony, basically "car theft") or Larceny by Conversion (a felony, depending on the value of the car).

A PV is not a "crime" or "charge", so I can't answer your question about which is "lesser". You really have to compare the possible/likely sanction for the new offense versus what he might face if resentenced on a PV for his original crimes (and you didn't say what they were). If he's on lifetime probation, I assume that he's in bigger trouble for PVs than for Joyriding, especially since you car was recovered.

Cases with facts like yours are not easy to prosecute. He "borrowed" your car, huh? I'm assuming that he had some kind of permission ... probably verbal, not written. His defense will likely be "no, I had permission to use it this long or for this reason" and it will boil down to a credibility contest between you and him over the parameters of the permission.