Probation and Possible Probationary Sentence Conditions in Michigan

8/1/2011 A probationary sentence in Michigan can vary widely based upon the rehabilitative needs of the probation.  There are several conditions of probation that are required pursuant to MCL 771.3(1):   1.  Do not leave the state without permission from the Court; 2.  Must make truthful reports to the probation officer, either in writing or in person, monthly, or as often as the probation officer requires; 3.  No violations of any state criminal law, or any ordinance of any municipality in the state; 4.  Notify probation immediately of any change of address; 5.  Notify probation immediately of any change of employment; 6.  Pay any assessed costs or fines 7.  Pay restitution to the victim; 8.  Sex Offender Registration if the Defendant is required to register under the Sex Offenders Registration Act.   There are other probationary terms that are not mandated by Michigan statutory law, but some of the following are often imposed by Courts:   1.  Alcoholics Anonymous (AA) attendance or rational recovery 2.  Alcohol testing; 3.  Alcohol treatment; 4.  Anger management; 5.  Behavior modification program; 6.  Community service work; 7.  Curfew; 8.  Domestic violence offender treatment; 9.  Drug testing; 10.  Drug treatment; 11.  Education such as high school, GED, vocational training; 12.  Electronic monitoring such as a tether, GPS tether, or a SCRAM tether; 13.  Fines, costs, and reimbursement of county expenses; 14.  Gamblers Anonymous attendance 15.  HIV testing; 16.  House arrest 17.  Income withholding order to pay any fines, costs, assessments, restitution directly from the offenders pay check; 18.  Ignition interlock device for automobile; 19. Incarceration; 20.  Incarceration/Jail programs to address behavior or drug issues; 21.  Mental health evaluation; 22.  Mental health treatment, 23.  Narcotics Anonymous (NA) attendance 24.  No assaultive or threatening behavior; 25.  No computer or the internet; 26.  No contact with the codefendant(s) if any; 27.  No contact with known felons; 28.  No contact with the victim; 29.  No possess of a firearm or other deadly weapon; 30.  Not able to work as a cashier or position where come into possession of other peoples money; 31.  Not allowed to be alone with minor children; 32.  Prohibition from going to certain locations such as bars, the place where the offense occurred, the victim's house, places frequented by children, etc. 33.  Recovery for police and fire expenses in drinking and driving offenses; 34.  Restriction on driving privileges; 35.  SAI probation boot camp;   36.  Take medication as prescribed; 37.  Vehicle immobilization; 38.  Victim impact panel; 39.  Work release; 40.  Written essay concerning issue relevant to offense;   The aforementioned conditions of probation are applied in relation to the offense and the Defendant, and in many instances some of the above stated conditions are inapplicable to a particular Defendant.  Except for fines, costs, restitution, and no contact provisions, these conditions typically do not apply if a prison sentence is imposed or if the Defendant receives a flat jail sentence without probation.    Prior to sentencing for felony and/or high court misdemeanor convictions the Defendant is required to be interviewed by a probation officer, and for a presentence investigation report to be presented to Defense counsel, the Prosecution, and the Court.  For drinking and driving offenses, the Defendant is required to be screened for alcohol/substance abuse issues after the conviction and prior to sentencing.  For less serious misdemeanors the offender is sometimes not interviewed or assessed prior to sentencing.   When a presentence investigation report is prepared it contains information concerning the offense, a statement from the victim, a statement from the Defendant about the incident, information regarding family background, work history, prior and pending criminal history, education, physical health issues, mental health issues, drug and alcohol use issues, assets and liabilities of the Defendant.  The parties are allowed to ask the sentencing Judge to make any necessary additions, subtractions, or corrections to the language of the presentence investigation report if there are inaccuracies.   The Defendant, Defense Counsel, the Prosecution, and the victim are all entitled to make statements to the Court prior to sentencing.  The Judge considers all the information he or she sees, hears, and reads before determining the sentence imposed.  When sentencing the Judge considers punishment, rehabilitation, protecting society, and deterring others from committing offenses when deciding upon the sentence.  Probation will make a recommendation as to sentencing, which the Court is free to accept or reject.    The Judge has wide discretion when imposing a sentence, and is only limited by sentencing agreements, sentencing guidelines for felony offenses (unless a deviation from sentence guidelines is permitted), mandatory sentences for some offenses (such as for felony firearm, OUIL 3rd, etc), and the maximum punishment allowed by statute or ordinance.  The minimum prison sentence for a felony prison sentence cannot exceed 2/3rds of the maximum.  Having a criminal defense lawyer that is experienced can often make a large difference in the conditions of the sentence imposed/   The Court shall submit the Order fo Probation, and any amendments to that order, to local law enforcement for entry into LEIN.  The probation officer is responsible to complete the registration form for sex offenders, and to submit it to local law enforcement or the nearest State police post.  However, it is up to the offender to register as sex offender as required by law.   Violation of the terms of the Court's probationary sentence subjects the Defendant to a violation of probation hearing.  At a violation of probation hearing, if a violation is substantiated by a hearing or admission, the Court has very broad discretion to modify the terms of probation, remove any type of advisory status such as HYTA, and can incarcerate the Defendant if the Court deems it appropriate.       Sometimes in life you only have 1 opportunty to reach the right result.       Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.