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Probation Violation (What to Expect)

On Lawyer & Legal » criminal law & procedure

3,781 words with 3 Comments; publish: Wed, 27 May 2009 18:45:00 GMT; (800156.25, « »)

The state is: ? Michigan. Court: 63rd District Court, Kent County

Hi all,

I guess I'm not looking for "advice" as much as I need to know what to expect based on a few details.

1. I'm on probation (written-reporting monthly) for a DUI charge which I previously served 30 days in jail.

2. I recently received a summons to appear for a probation violation alleging:

*non-payment of $700 fees and fines

*non-enrollment/completion of counseling as directed

*failure to provide written report for March and April

3. The fine is now paid. I am enrolled in counseling services... evaluation completed, to start first session June 1st.

4. My original probation paperwork never stipulated an enrollment or completion date for the counseling, nor did the probation officer bring this up in our first meeting before moving to the written mail-in form for reporting to her.

5. I did indeed mail the form every single month, including March and April. I never heard from the PO that there was a problem until I received this violation. She has my phone number, email address, etc... How was I supposed to be aware of an issue if nothing was brought to my attention?

6. Since receiving the summons I have tried to contact the PO, even formally requesting contact on my last mail in sheet. I have not heard back in any form.

I go for arraignment on the alleged charges tomorrow morning. (all the way across the state, ugh!) I plan to plead "not guilty" to buy myself some time to hire a lawyer. My question is this:

"Does the fact that I took care of some of the issues (e.g. paid fine, enrolled in counseling services) have any potential influence on the outcome?"

I know that as far as March and April are concerned it's simply my word vs. the PO's... which I realize does not bode well for me in this scenario. What's more probable in this scenario considering I have shown good faith to correct the issues that were brought to my attention... incarceration for the violation or an amendment of probation terms?

I've been 100% sober now for 10 months, and feeling better than I have in a long time. This feels like such a backwards step, and I'm just ready to get it all behind me, so I can go back to being the best I can be. If this goes to a hearing, would proving my sobriety with witnesses and extra pbt/drug-testing be of any use?

I thank you for your response in advance.

All the best!

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  • 3 Comments
    • I'll go ahead and reply to my own thread. Not because answering myself will tell me anything I don't know, but because when I searched the internet for what to expect in my situation, I came up short. Hopefully, if someone comes across this in a similar situation, this can be helpful.

      I went for the arraignment today, and long-story short... the answer to my main question is an emphatic "YES." Attempting to correct the probation violation issues before the arraignment made ALL the difference. In fact, I showed up today and I was not on the schedule to appear. In fact, all charges had been dismissed.

      All the best,

      Jeff

      #1; Thu, 28 May 2009 13:09:00 GMT
    • Well I think it's great that you have been sober for the time you have been, and I am glad to read that everything turned out well for you. Most of the time, if the judge sees that you are making an effort, it will usually go in your favor. Kudos and keep up the great work.
      #2; Fri, 29 May 2009 02:59:00 GMT
    • Thanks Andraya,

      I also hope the best for your situation with your kids' dad. Children should have their dads around. It's probably going to be a tough road for him for a while. But I don't care who you are or how many mistakes you make, it's NEVER too late to turn it all around. Time always makes a way for greatness.

      #3; Fri, 29 May 2009 14:55:00 GMT