Michigan DUI Probation Violation Hearing Attorney
If you've been sentenced for drunk driving in Michigan, you're most likely going to serve some time on probation. It's not uncommon to have a slip-up or two while serving a lengthy probation term; if you violate your probation, you will be show-caused to appear before the court to answer to your violation.
A Michigan violation of probation may be triggered by missing or failing a mandatory drug or alcohol test, failing to appear for a probation meeting, not completing treatment or counseling, and a number of other violations. If this is your first Michigan probation violation, most judges will allow you to plead guilty to the violation with little or no penalty along with ordering additional testing or extra treatment or counseling.
If you wish to challenge the probation violation, you have the right to an attorney, but you are not afforded the same rights as a trial. You have the right to produce your own evidence at a hearing, but may be limited in your cross-examination of witnesses. The burden of proof is lower than at trial, and only requires a preponderance of the evidence that you were in violation of your probation. Any positive drug or alcohol tests should be scrutinized and challenged, and should not be accepted at face value.
Some probation violations can be cleared up by providing additional documentation or information to the court. It's common for the court to have information about a missed or failed drug test, but for the defendant to have a reasonable explanation for the court.
If charged with a violation of probation, hire an experienced Michigan DUI attorney and inform him/her about the violation. It is best to be pro-active while on probation, and retain all paperwork and documentation. As a defendant on probation, you are the best source for information, and must take the process very seriously.
If you've been sentenced for drunk driving in Michigan, you're most likely going to serve some time on probation. It's not uncommon to have a slip-up or two while serving a lengthy probation term; if you violate your probation, you will be show-caused to appear before the court to answer to your violation.
A Michigan violation of probation may be triggered by missing or failing a mandatory drug or alcohol test, failing to appear for a probation meeting, not completing treatment or counseling, and a number of other violations. If this is your first Michigan probation violation, most judges will allow you to plead guilty to the violation with little or no penalty along with ordering additional testing or extra treatment or counseling.
If you wish to challenge the probation violation, you have the right to an attorney, but you are not afforded the same rights as a trial. You have the right to produce your own evidence at a hearing, but may be limited in your cross-examination of witnesses. The burden of proof is lower than at trial, and only requires a preponderance of the evidence that you were in violation of your probation. Any positive drug or alcohol tests should be scrutinized and challenged, and should not be accepted at face value.
Some probation violations can be cleared up by providing additional documentation or information to the court. It's common for the court to have information about a missed or failed drug test, but for the defendant to have a reasonable explanation for the court.
If charged with a violation of probation, hire an experienced Michigan DUI attorney and inform him/her about the violation. It is best to be pro-active while on probation, and retain all paperwork and documentation. As a defendant on probation, you are the best source for information, and must take the process very seriously.
