Former Michigan Prosecutor | Jonathan Andrew Paul
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Can I be on probation while away at college?

3/14/2013

 
Will I be able to go home for the summer if I'm Michigan probation at school? What about going on vacation?

I recently represented a young woman on a drug case in the Washtenaw County area.  The young woman was facing a very strong case, and I was able to negotiate a favorable plea under the Holmes Youthful Trainee Act (HYTA). This act allows a person under 21 years old to take responsibility for their actions, but after a term of probation, the offense will not appear on his/her criminal record.

The one difficult issue was her pending enrollment in college, which was hundreds of miles away from her probation officer.  Facing the possibility of traveling hundreds of miles for random drug testing and probation meetings, I was able to successfully convince the probation officer to allow my client to enroll in drug/alcohol testing at a court approved location near the young woman's school, and check-in with probation via phone rather than in-person meetings.

Not all courts or probation officers are as accommodating, but if faced with a similar situation, ask your attorney to speak to the judge and probation officer about your options.  Generally speaking, most courts will allow first offenders under both HYTA and 7411 (first offender drug users) who pay all of their fines and costs to be flexible with probation reporting and drug testing, but speak to your attorney about your individual case.

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