If I violated my parole or probation, can Cripps & Silver help?
Cripps & Silver has helped many clients who have violated probation or parole. If you have violated probation or parole, then it is important to call our office right away.
When a person pleads guilty or is convicted of a felony or misdemeanor, he/she may be placed on probation immediately or after release from jail. A person may be placed on probation for a maximum of 2 years for a misdemeanor and 5 years for a felony. Probation is considered a privilege and therefore a violation can create an array of issues. The following are some sanctions that may be imposed for someone found guilty of probation violation:
- The person may be allowed to continue probation without punishment for the violation;
- There may be costs for the probation violation;
- The court may modify the conditions of probation or extend the period of probation;
- The court may revoke the probation and sentence the defendant to jail for remaining time not served;
- The court may revoke a special status such as MCL 333.7411 or HYTA.
A probation of violation will require a court hearing in front of the judge assigned to your case.
Parole is also seen as a privilege in Michigan and not all prisoners will be given parole. The prisoners that the Parole Board recognizes as safe to be in society will be given parole. The Michigan Department of Corrections states, "not every technical violation of the conditions of parole results in a return to prison." Alternative programs are often used to bring about the success of the offender to keep them active in the community.
Many different actions can result in violating parole. It is important to remember that each person will have different conditions for their parole. Here is a list of the most common violations:
- Not completing the conditions court assigned. This usually includes community service, meeting with your parole officer, and completing necessary paperwork on time.
- Failing a drug or alcohol test
- Breaking the law or being accused of committing another crime
- Missing court
- Leaving the state of Michigan without permission from your parole officer
- Moving (across town or to another state) because you must get permission from your parole officer
If you are found guilty, then the penalties are to be based on your violation and the seriousness of the violation. You may be required to undergo a psychological evaluation to know what is going on emotionally and physically with the convicted person. You may also be given a referral to a program used to curb alcohol abuse and possession of illegal substances. You may also have an extension of parole and a requirement to pay fines and restitution. The most severe penalty for a violation of parole is that you may be sent back to prison for an amount of time up to the remainder of your sentence.
With parole conditions being easy to violate, it is important to follow the conditions stated by the Michigan court and the designated parole officer. If you or someone you know does violate parole, it is highly suggested that you contact Cripps and Silver Law as soon as possible to assist you.