In the real world of criminal and DUI cases in the district and circuit courts of Oakland, Macomb and Wayne Counties, a certain, consistent percentage of people put on probation will be brought back for violating it. This often includes people who you would have never expected to get in any kind of trouble in the first place. I’ve had plenty of very unlikely, well-heeled DUI defendants who you’d bet would never mess up again come back to face the Judge yet another time for something like testing positive for alcohol while on probation. There are actually 2 realities at work here: first, that a pretty regular (albeit small) segment of people will be charged with violating probation somewhere along the way, and second, that vast majority of probation violations arise because the person has, in fact, screwed up.
This is important, because too many lawyers are hesitant to address this head on, and instead talk like probation violations are almost always based on false accusations. Sure, there are times when a person is wrongly accused of violating (for things like a “dilute” urine screen that wasn’t intentional, but the result is treated as if it’s positive), but most of the time, the reason for a probation violation isn’t in dispute, like when a person misses a test, or gets caught drinking or smoking weed. In these situations, the thing you need most is a lawyer who can save your a$$ and talk the Judge out of locking you up. It’s exactly right here that, for a lawyer, being charismatic and persuasive beats the hell out of all the legal knowledge in the world. While only a small number of probation violations are factually unfounded, even fewer (as in almost none) will be won because of some scholarly, technical legal argument.
This has everything to do with how you find a lawyer. And while I admit to some self-interest here, the fact is that, since I only handle probation violation (PV) cases in the Tri-County, Metro-Detroit area, I have no financial motives other than to genuinely help those readers whose cases fall outside of my geographic coverage area. There are 3 key considerations to finding the right lawyer for a probation violation, and we’ll briefly examine each. We’ve already covered the fact that most PV cases arise because a person did, in fact, do something he or she was not supposed to do (like drink or use drugs). Similarly, a person can be violated because he or she failed to do something that was required, like complete classes, community service or pay money.