Probation Violation Attorney Troy MI
When a probation violation allegation arises for a Troy, Michigan related case, you should hire a reliably great probation violation defense lawyer to help you, such as attorney Daniel Hilf. A conviction for probation violation (also referred to as a VOP or a violation of probation), while on a misdemeanor or felony probation sentence, places you at the mercy of the Judge. Some Judges may be willing to listen to your excuse and give you another chance. Other Judges have absolutely no tolerance whatsoever for not complying with their orders and have no hesitation to detain you. For Troy Michigan misdemeanor probations at the 52-4th District Court, those Judges are not always predictable when it comes to sentencing for a probation violation conviction. For felony Oakland County Circuit Court cases, there are some conservative Judges who routinely impose jail or prison if convicted of violation of probation. The advocacy your lawyer performs on your behalf may prove to be the difference maker when it comes to staying free and immediately serving time away from your family. You are strongly advised to retain an aggressive and well regarded VOP lawyer immediately.
As it relates to sentencing for a probation violation, the Judge has a few different options:
- dismiss the violation;
- continue probationary supervision with the Court;
- extend your probation for a longer period of time with applicable costs;
- loss of diversion status and imposition of the conviction on your criminal record;
- commitment to jail (for misdemeanor and felony probationers) or imposition of a prison sentence (for felony probationers);
- add more and difficult conditions to probation requirements (substance abuse counseling, increased drug testing, increased alcohol testing, community service, tether, financial penalties, etc.);
- immediately impose a combination of any or all of the above conditions.
Whenever dealing with a violation of probation, you must pick the course you want to follow. One possible course is to give up your right to a VOP hearing and admit to the violations (with or without explanation). The other course is to challenge the accuracy of the VOP and demand a hearing. When making the decision of which course to of action to take, you need the representation of an experienced VOP attorney to explore your best option. If retained on your behalf, attorney Daniel Hilf will give you impactful advice, and develop with you a comprehensive strategy to handle the probation violation in the best possible way.
For all probation violations the probationer is entitled to exercise any and all of the following rights:
- to have a hearing;
- to be told of the possible consequences for violating probation;
- to know the what the violations are against you;
- to have a speeding hearing before your Judge, within 14 days of your arraignment, if you remain incarcerated;
- to be presumed innocent of the probation violation made against you, unless it is proven as accurate to the Judge;
- to have the time to hire your a VOP defense lawyer;
- to make the prosecutor attempt to prove by a "preponderance of the evidence" that at least one of the accusations of probation violation are probably true to the satisfaction of the Judge;
- to be in the courtroom to see and hear all testimony, view exhibits, and to participate in the defense of your case;
- to question all witnesses called by the prosecution to testify against you;
- to have your lawyer subpoena or otherwise bring forward witnesses to testify for you;
- to choose to testify on your own behalf, or to remain silent and not testify during the entire VOP hearing;
- to appeal to a higher Court, to the extent permitted by law, any conviction for probation violation.
Please be warned that the rights listed above only have real meaning if they are fully and properly exercised by an experienced lawyer who is in your corner. Going it alone is a very foolish decision that you may regret.
Your lawyer, if needed, may motion the Court for a continuance of the probation violation proceedings due to the need to subpoena and secure defense witnesses for hearing, because you are waiting for the resolution of a criminal matter, the need for time to gather evidence and prepare the hearing, scheduling issues, desire to speak with an expert witness about a possible defense, or any other valid reason provided to the court. However, the decision to grant a continuance is discretionary with the Judge.
If the cause of your violation is a new charge that later gets dismissed, the Judge can still order the probation violation proceedings to go forward, because the prosecutor's burden of proof for a criminal conviction (beyond a reasonable doubt) is higher than the prosecutor's burden of proof for a probation violation conviction (preponderance of the evidence). The probation violation also can continue if it's based on behavior related to the dismissed criminal charge that is in violation of your probation. For example, if a probationer is accused of domestic violence, and that accusation gets because the alleged victim is not cooperating with the prosecution, the reason for continuing the violation may be based upon statements in medical records documenting the alleged victim's statement to a doctor regarding medical treatment.
If the probation violation is a restitution or other money related issue, the Judge cannot order the revocation of probation or order a term of incarceration unless the Judge determines that the probationer failed to make a good faith effort to pay and that the probationer had the ability to fully comply with the pay order without encountering a "manifest hardship". Under Michigan law "Manifest hardship" is the Judge's consideration of all of the following items (if applicable): how much the probationer is able to earn from his or her employment; whether or not the probationer's failure to pay was purposeful; what financial resources, if any, the probationer has to pay what's owed; if the probationer currently has a job; the probationer's job history; if the probationer is actually able to gain employment and earn money; what are the probationer's basic living expenses (medicine, food, shelter, child support payments, clothing, etc.); the existence of any other relevant circumstances.
At a probation violation hearing, sometimes expert witness testimony is need to properly defend it. An expert witness is someone qualified by the Court because he or she has some type of specialized knowledge in a particular discipline or arena (for example: medical, psychological, engineering, scientific, etc.) that may assist the Judge in deciding the validity of an issue or defense. For example, if the is whether or not a probationer intentionally drank alcohol, an expert witness may be able to provide scientific support that the probationer did not intentionally consume alcohol because positive reading was likely from exposure to industrial solvents at work. Presenting expert testimony in a compelling manner at a VOP hearing can prove both an important and difficult challenge, which is a strong reason to find a top tier VOP lawyer.
If convicted of probation violation, the Judge is obligated to hear from defense counsel, the defendant and the prosecutor before deciding on what to do. A diligent VOP lawyer is always a necessity, because the probationer needs good legal advice and a carefully formulated probation violation strategy to persuasively fight for a great result.
Why Choose VOP Attorney Daniel Hilf to be Your Lawyer at the Troy 52-4 District Court or Oakland County Circuit Court?
- Years of Troy 52-4 District Court and Oakland County Circuit Court defense representation for VOPs;
- Results oriented approach;
- Respected by prosecutors and Judges in Troy District and Oakland County Courts;
- Thorough, stellar VOP advocacy from an award winning lawyer;
- A Troy Michigan office (approximately a half a mile from the Troy District Court) to privately discuss your VOP;
- Immediate help, great legal advice and a well prepared plan to address your VOP with your Judge;
- Return of telephone calls, mails, and messages to ease your stress and concerns;
Top Rated Troy, Michigan Violation of Probation Defense Lawyer
VOP defense is not something that any lawyer can do, just like not every lawyer can practice bankruptcy or divorce. VOP defense is a finely honed skill set that develops only with vast VOP litigation experience, legal acumen, and talent. Having the best possible VOP defense lawyer to represent you is a very wise decision.
Lawyer Daniel Hilf provides outstanding legal advocacy and defense for all criminal law issues in or related to Troy, Michigan. Contact attorney Hilf for:
- Probation Violation
- Domestic Violence
- Drug Offenses
- Criminal Traffic
- Other Criminal Offenses
- Sex Offenses
- Retail Fraud
If you have Court scheduled at 52-4 District Court in Troy or Oakland County Circuit Court for a VOP, a criminal offense, or ticket, contact attorney Daniel Hilf