Legal Question in Criminal Law in Michigan

A judge has the discretion to revoke MCL 333.7411 status for ANY violation of a probation order ... and, in a drug case, a failed drug screen is one of the more important probation terms to NOT violate. So, that defendant is risking his/her 7411 status EVERY time he/she uses drugs, fails to attend a drug drop, tries to monkey with a drug drop, etc.

On the other hand, most judges understand that "relapse is part of recovery". Drug addiction is hard to stop "cold turkey". So, the judge might well use this as a teaching moment and keep the person on probation with 7411 status, but sanction the bad behavior through a probation violation sentence (e.g., serve 3 days in jail, extend probation, add community service hours, put the person on a drug/alcohol tether, change the frequency of drops, etc.).

A lot depends on who the judge is, and what that judge's sentencing tendencies are. Some judges operate "drug courts", and they are more lenient re these bumps in the road than another "regular court" judges might be who do not tolerate drug abuse.

It may also depend on what the reason for the failed drug screen is. If the 7411 probation is for marijuana use ... but the violation is for heroin or methamphetamine use, then Houston, we have a problem here because the defendant has gone from a misdemeanor-use drug to a highly-addictive felony drug. Also, there might be an explanation (not an 'excuse') for the use because of some event in the person't life that caused the relapse (e.g., a sister died unexpectently).

This all assumes that this is the first probation violation. If it is PV #47, then all bets are off.