Legal Question in Criminal Law in Michigan

Terms of probation

If one were under probation (poss. controlled substance, midemeanor)in city A, and a warrant was aquired for arrest (same offense)in city B would city A be able to find out? The case in city B also resulted in probation. This means nothing shows up on the criminal record, am i correct (unless a drug test is failed or one is found guilty for another offense)?

The second probation ends before the first, meaning that hopefully, by the time the first looks for anything (can they find it?) the second will be gone. Is it up to court A to check for violations, or for court B to inform court A. Please respond, any answers are greatly appreciated.


Asked on 12/11/02, 12:58 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Terms of probation

You are proposing a dangerous shell game. First, your pre-sentence investigation would require you to truthfully report to the probation department your criminal history + all pending cases. Second, your probation orders will require you to truthfully report all of your other legal infractions and pending cases, even if you haven't yet been convicted. If you play one county's case against the other by conveniently not telling each office about the other's case, you will likely get caught anyway. Then, the judge could hold you in contempt of court, could resentence you if the original sentence was based on misleading information from you, or you could face a probation violation for not truthfully reporting your history to your probation agent.

Your criminal history (CCH) now includes information for felony arrests ... not just convictions. So, City A could run your CCH as a routine double-check and find an entry re: City B's new case. Likewise, City B's probation department would find City A's case on your CCH.

When you are on probation, you have been convicted. Convictions are noted on the CCH. You can run, but you can't hide.

You have an affirmative duty to truthfully report to your agent and update any changes in your life ... including legal cases, even an arrest. It isn't the court's duty to check on you, it's your duty to tell the courts the truthful situation.

Again, you are proposing a dangerous shell game that will likely find you on the business-end of the judge's gavel.

Read more
Answered on 12/11/02, 5:10 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan