Rules for Probation Violation in Michigan
- In general, courts in Michigan take a hard stance or repeating the original offense during the probationary period. The guilty party can be given the maximum sentence possible on the previous offense or be given consecutive sentences, including the new offense. Habitual offenders with many prior offenses will face stiffer sentencing. If you are arrested on a new offense, it may also be added as a consecutive sentence to the prior offense.
Ignoring Court Orders
- If you willingly or unknowingly ignore court orders during your parole period, you may be forced to go back to court for a hearing that is called a "show cause" hearing, during which it will be determined whether you will be held in contempt for ignoring orders. If you fail to show up for this hearing, a bench warrant for your arrest will be issued. The Michigan courts take a hard-line stance on ignoring court orders, and it is considered by many judges to be one of the most serious parole violations.
Operating While Impaired Alcohol Assessments
- A Michigan law passed in 1983 requires any person that is arrested for, and convicted of, a violation related to drunk driving to have an alcohol assessment completed prior to sentencing. The purpose of the assessment is to deduce whether there is an underlying substance addiction or abuse problem in the offender. In addition, the assessment will determine whether a rehabilitation program would be beneficial. The offender will be charged $100 for the assessment and any other screenings.
- If you are arrested on a drug-related charge, court-ordered drug testing may be administered at times determined by the court. In Michigan, this is generally done via urine and breath sample at pre-approved testing centers throughout the state. If you refuse the drug testing, you will be in violation of your probation and may be ordered to return to court for a show cause hearing. Failing to give a sample when ordered is also a violation. It is the probation officer's responsibility to assist you in entering drug treatment programs.