Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Probation Violation
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Hiring a Super Lawyer
  • Courts
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Oakland County >
      • Novi
      • Troy
      • Southfield
      • Royal Oak | Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County
    • Washtenaw County >
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14A
      • Ypsilanti 14B
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Expungement
    • DUI Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Client Reviews
  • Growth Mindset
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leading with Empathy
  • Blog

Michigan Probation Violation

Call Me: 248-924-9458

VOP Hearing in Michigan

The answer to this question varies depending upon the charge you're on probation for, which prosecutor's office charged you, and the judge.  Some may be surprised that the prosecutor may not even be at your probation violation, which limits their ability to participate.  

​
Click here to learn how to take a growth mindset to a retail fraud case in Michigan

If the prosecutor is present, they likely haven't thought about your case beyond "well if you violate probation, there should be punishment".   This could mean losing a "dismissal deal" you may have worked out as part of your plea deal, and it could mean going to jail for showing you're not a candidate for probation.

If the charge is a felony, or a violent misdemeanor/DUI type case, it's more likely the prosecutor will push for a tougher probation violation sentence, especially if they had previously supported a "second chance" to keep the matter off of your record.  

As a former prosecutor, I was in this position many times; it was black and white.  In sum "hey this criminal over there got a sweet deal round one, now they are back and in trouble again on their case, THROW THE BOOK AT THEM!".  I didn't think this way because I'm a mean person who had a personal issue with the person charged, it was how I was trained; be skeptical at all times of the person charged with a crime, protect the community.

There's a time and place for tough justice as a prosecutor, but there should be even more room for understanding the case at a deeper level and working toward a reasonable and equitable solution.  Should a 20 year old have a criminal record their entire life because they tested positive for marijuana while on probation? No, that is not an equitable outcome.  

If I am working with a client who is going to court on a probation violation, we get out ahead of the issue, and put extra measures into place, we may voluntarily up the testing, up the counseling, begin extra community service hours.  We want to go to court with the "punishment" in progress.  Show we get it, and we already took major steps to address it.  The worst thing to do is walk into court having done nothing, and simply keeping your fingers crossed to keep a clean record and not go to jail.

Many times even with these extra steps, the prosecutor and judge want to make a drastic move such as tearing up the plea deal or sending my client to jail.  This is where we may adjourn out the violation to see if we can make some progress.  Example being, judge let's up the testing 3x per week from the original 1x, let's allow them to continue counseling, and let's come back in 60 days with all clean tests.  Sound fair?

You may not get your way round one, but if you can get everyone to keep an open mind about the situation, you at least buy your client another shot to comply. ​​
Picture

Call Me: 248-924-9458


Jonathan Andrew PaulReviewsout of 155 reviews
The New Rules of Michigan Criminal Defense can be applied to many situations. 

If faced with a probation violation in Michigan, are you ready to compete? I don't mean denying you did anything wrong or fighting the allegations simply because you're worried about the consequences.  The worst approach to a probation violation when you've actually violated is to deny you did anything wrong; there is no good outcome to deny; the judge will just find you in violation and the outcome will be worse.

You can take a growth mindset and learn from the situation; take responsibility for your actions and get yourself out of the box; the box you find yourself in is denial and fear of what happens if you're found in violation; you need to change the culture of your violation and bring complex change.

This is not easy, and you must identify all stakeholders and shareholders in your case; a balance sheet must be created of your liabilities, equity and the assets (if you wish to adopt the time value of money and the client value chain)

Each probation violation is different and requires its own approach, but there is a way to tackle a probation violation in a strategic way; any lawyer who advises to fight it just to fight it is setting his client up for failure; this would be like running into the battle field against a full army without a plan or the proper tools or weapons.  

All assets must be measured and shared with the judge and the probation department; with the right approach, it's very likely we can rebrand the violation, and turn a negative into an additional growth opportunity and look to avoid some of the worse consequences of a VOP allegation and violation. 

If you've violated probation, don't run from it! Embrace it and have a plan; the stakeholders in your case are ready to work with you if you approach the matter with a growth mindset and avoid the fixed mindset. 

    Insider Information from a  Former Michigan Prosecutor
    Please fill out the confidential form below or call me.

Submit
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, reckless driving, leaving the scene of an accident, fake ID, open container  and other misdemeanor and felony charges. 

Evening & Weekend Service Available Call Me: 248-924-9458

Picture

Ann Arbor Office Location

Plymouth Office Location

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor