Michigan Criminal Defense Lawyer Blog
A regular part of being Michigan criminal and DUI lawyers is handling probation violations. Although it all means the same thing, the actual term used for this proceeding varies from court to court. In the Metro-Detroit area (Wayne, Oakland, Macomb, and the surrounding counties), it is most often called a probation violation, or “PV.” Some courts use the term “VOP” (violation of probation). Yet others call it a “show cause,” requiring one to appear and “show cause” to the court why he or she shouldn’t be violated.
Whatever the label, if you’re alleged to have violated probation, you need help to get past it and stay out of jail. A probation violation occurs in 1 of 2 ways. The first is that a person does something he or she has been ordered NOT to do. The second occurs when he or she does NOT do something he or she was ordered to do. That sounds straightforward, but it misses a lot of what actually happens to people in real life. Many probation violations occur because a person simply doesn’t comply with the Judge’s orders. However, there are plenty of exceptions to that, as well.
It is a simple fact that some PV’s are unintentional. Others are just plain wrong. Breath and/or urine test results can be inaccurate. Urine samples can get mixed up. Sometimes, as the saying goes, “$hit happens.” Unfortunately, in the context of a probation violation, that “$hit” can be rather deep. We always have to remember that just being on probation is, in and of itself, a break. Probation is always an opportunity to prove one’s self while staying out of jail. It is the alternative to jail. In that sense, a person has to do everything possible to remain in compliance.
We closed out the previous installment by discussing the critical importance of the mandatory alcohol screening, something that is part of the larger PSI (Pre-Sentence Investigation) process. The end result of the PSI is a sentencing recommendation, written by the probation officer, and sent to the Judge, advising him or her exactly what kind of sentence to impose. This matters because, in the real world, every Judge follows this recommendation VERY closely, if not to the very letter. In that sense the recommendation is really a blueprint for what’s going to happen.
Let’s begin with this simple fact: It is overwhelmingly likely that anyone convicted of a Michigan OWI (DUI) offense will be placed on some kind of probation. Contrary to the marketing hype found on some legal websites, the real truth is that more than 98% of all DUI charges brought in Michigan do NOT get dismissed or tossed out of court. Of course, the goal in every case is to get it “knocked out,” but that outcome is the exception, not the rule. In the real world, it boils down to this: If you’re facing a drunk driving charge, then you’re pretty much facing a term of probation, as well.
n terms of luck, this means that, on the one hand, if a case has been assigned to the most impatient Judge around who is known for not being interested in any excuses about anything, that’s bad luck. On the other hand, if the presiding Judge is known to be “forgiving,” then that’s good luck. Unfortunately, there is nothing that can be done about the Judge to whom a case is assigned, other than to make the best of the situation.
Although we do handle a lot of 2nd and 3rd offense DUI cases, and even though they’ve been through the system before, those clients aren’t any kind of “criminals” in any real sense of the word. My team and I specifically concentrate our practice on the kinds of charges that don’t attract career criminals. DUI drivers may be facing a criminal charge, but repeat offenses in this field are much more about a troubled relationship to alcohol than anything else. Thus, even for people who have prior DUI convictions, the whole experience of getting arrested again for a subsequent DUI is unnerving, and still seems like a whole “new” experience.
Let’s start with the lawyers. There are too many of them so hungry for cases that they compete with each other by cutting prices down to the bone, and, for fear of losing a potential customer, will simply nod and agree with everything a potential client says. A good lawyer should be upfront and explain that a stupid idea won’t fly, not just take someone’s money and try it anyway. More than anything else, that’s the sign of a lawyer desperate for work. Remember, too, that every Judge out there has already heard every excuse in the book 10 times over, and won’t be easily fooled.
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
The consumption of alcohol leads to a lot of problems for some folks. To be sure, most people never run into legal issues as a result of drinking. If they do its something like an MIP as a kid, or maybe a DUI as an adult, but they learn their lesson and never get into trouble again. Yet for all of those who either never get in trouble or who get past one unfortunate incident involving alcohol, there are plenty enough who seem to keep drinking despite the fact that they keep getting into trouble for it. This kind of self-defeating behavior is clear in repeat offense DUI cases, but it also is there, if not so obviously, in probation violation and ignition interlock violation cases where someone gets caught after having consumed alcohol when they shouldn’t have. As I noted in the previous installment, the problem with articles like this is that most people usually find them after the fact, when they’re already in trouble. Even if that’s the case here, I want to give the reader something to think about so that he or she can resolve to not make the same mistake again.