If you have pled or been found guilty at trial, you may be facing a punishment known as probation. Probation is an out-of-custody punishment that begins the moment your sentencing hearing ends. Once you leave the courtroom after sentencing, here is what you can expect:
Your first responsibility after sentencing is to receive your probation referral form from the clerk. Once you do, take that form to the Michigan Department of Corrections (MDOC) probation department and make an appointment. The probation department will almost always have an office inside of the courthouse. You must go in person on the same day as sentencing.
When you arrive at the probation department, you must provide the department with any and all information requested. Because you are now under the court’s supervision, you will surrender some of the privacy you are used to having. Within one or two days of providing the information to the probation department, you should receive a phone call from the probation agent assigned to your case. If you do not hear from a probation agent by two days after your sentencing, it is your responsibility to go back to the probation department and make sure they have all the information they need. If you do not do this, it could result in a probation violation.
When you do hear from a probation agent, that agent will conduct an initial probation orientation. The orientation is supposed to take place within 24 hours of the judge imposing your sentence but, in reality, it will not happen this fast. During the orientation, the agent will explain to you what he or she expects of you as a probationer. This will include reviewing any relevant MDOC policies and conditions imposed by the judge, resources available to you to help get your life back on track, and instructions on how and when to report to your agent.
How frequently you must report to your probation agent will depend on the supervision level that MDOC assigns to you. MDOC determines your supervision level based on your criminal history and how MDOC perceives the severity of your case. To make their determination, MDOC uses a tool called a Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) Assessment. A COMPAS Assessment is a risk-based-analysis tool that evaluates your potential for violent and non-violent recidivism, or how likely MDOC believes you are to commit a crime in the future. To complete the COMPAS assessment, you will answer a questionnaire that has between 125 and 200 questions
After you complete the COMPAS Assessment, your probation agent will put you into one of three supervision categories: maximum, medium, or minimum. Individuals with a maximum supervision level must visit their probation agent in person twice per month. Individuals with a medium supervision level must visit their probation agent in person once per month. And individuals with a minimum supervision level must visit their probation agent in person once every other month. While your agent can increase or decrease your supervision level at any time with a supervisor’s approval, he or she is required to conduct a review of your progress on probation every six months.
How to do Well on Probation
Your probation experience will be shaped by the strictness of your probation agent and the judge who passed your sentence. Your probation agent will determine what constitutes a violation and the judge will determine your punishment for those violations. Because of this, it is vital you make a good impression with both of these individuals. Since probation is really about following instructions and not getting in trouble, here is how you can succeed.
First and foremost, show up to all of your meetings with your probation officer. If any issue ever arises, call your probation officer. Probation officers prefer over-communication. When it comes to the judge, your best bet is to do exactly what they say. If a judge orders you to do community service, do the community service. If a judge orders you to not speak to someone, stay away from that person. Just stay away. Use the guardrails of probation and the services MDOC provides to help better yourself. If the judge requires you complete your GED, focus on your schooling. If the judge requires you work 40 hours per week, focus on making your money. It really can be that simple.
Can I End Probation Early?
If you do everything your probation agent and the judge ask of you, you may be eligible for release as early as the day you complete one half of your probation sentence. You can either hire an attorney to file a motion for early discharge, or your probation agent can submit a request on your behalf. Whether you are released from probation early is ultimately up to the judge. For the judge to grant the request for early discharge, he or she must find that you have completed all the required probation terms, including paying all court costs, fines, and fees, as well as all restitution. In Michigan, only a handful of charges are ineligible for early release, including Domestic Violence, Criminal Sexual Conduct, Assault with Intent to do Great Bodily Harm Less than Murder, Stalking, and any offense punishable by life in prison.
What Happens if I Violate Probation?
There are two types of probation violations: technical and non-technical. You should never violate your probation but if you do, you would prefer a technical violation. A technical violation is a failure to follow one of the judge’s probation orders. Examples of technical violations may include testing positive for drugs if you were not convicted of a drug crime, or not completing the hours of community service that the judge ordered. A non-technical violation is also a failure to follow one of the judge’s probation orders, but the violation is more serious and sometimes against the law. For example, being charged with new crimes, having any police contact, or absconding from probation are all non-technical violations.
If you violate probation, your probation agent will know. When your agent conducts a review of your progress every six months, they will run a search in the Law Enforcement Information Network (LEIN) that shows them any and all police contact you have ever had. Once your probation agent learns of a violation, they will submit either a show cause or a formal violation notice to the judge. A show cause will result in a hearing at which you will have to explain to the judge why you did or did not do something that the judge prohibited or ordered.
After the probation agent submits a formal violation, you will have the right to a hearing at which the probation department, sometimes represented by a prosecutor, must show that you did, in fact, commit the violation. The burden of proof at violation hearings is known as a preponderance of the evidence. Preponderance of the evidence is a much lower standard than beyond a reasonable doubt, and is just a fancy way of saying “more likely than not.” If the judge finds that a preponderance of the evidence suggests that you violated probation, he or she can sentence you to up to the full maximum punishment for the crimes you were convicted of. This means even if you were initially sentenced to probation without a term of incarceration, you could be facing 5, 10, or even more years in prison on a probation violation.
How Can I Avoid a Violation?
Presently, the probation department is much more lenient than it once was. The department now takes the approach that it should coach people into completing their probation terms and provide them with resources. But even with this new lenient approach, there are some mistakes you must avoid. The first is absconding from probation, or not showing up for a meeting with your probation agent. In the eyes of the probation department, not reporting for five days after a meeting is a violation. While some judges will give individuals sixty days to appear before considering it a violation, you must remember that being well-perceived by your probation agent is very important.
The second mistake you must avoid is failing to communicate with your probation agent. Most probation agents would prefer you communicate and be transparent with them if you make a mistake rather than waiting for them to find out on their own. For example, if you struggle with addiction issues and relapse, it is far wiser to tell your probation agent that you relapsed and you will have a positive test today than it is to not show up for your test. They may not violate you, and they could even provide you with resources to help you conquer your addiction issues. You must also tell your probation agent about any contact you have with the police. Even minor interactions like a speeding ticket are worth a call to your probation agent. They will appreciate that you are making them aware of issues before they have to do the digging on their own.
Perhaps the most important thing you must communicate to your probation agent is how they should get in contact with you. If you move or change your address, you must inform your probation agent. If you get a new phone number, you must inform your probation agent. If your phone runs out of minutes and you cannot call your probation agent to let him or her know, walk into their office. If all else fails, send them a letter in the mail to give them your new contact information. If your probation agent cannot get ahold of you, you could end up with a violation even though you did nothing else wrong.
Do I Need a Lawyer for Probation?
Once you are on probation, your success is up to you. However, if you have a probation violation hearing coming up, you should absolutely call KBW Criminal Law. You have rights at that hearing that you may not even know about. If you are found guilty of the violation, your lawyer can advocate for a lower sentence than you would otherwise get. KBW Criminal Law’s founding attorney, Kevin, has contacts in the MDOC’s probation department and has handled numerous violation hearings. If you need assistance with a probation issue, call KBW Criminal Law.