Can I be Charged me with Violation of Probation with 3 days left? 7 Answers as of July 04, 2013

I am on probation and was scheduled to be off on 7/3/11. On 6/30/11, my PO called stating that the prosecutor had come to her stating they wanted to charge me with a VOP due to the fact that they believe I was involved in criminal activity. I will give background; in 12/2009 my house was raided due to me unknowingly being involved in a reshipping scam. I heard nothing of the case again until March of this year, with the Feds coming to my house to question me. Again, heard nothing until now. The prosecutor told my PO that they couldn’t charge me with a crime and prove 99.9% reasonable doubt, so they have decided to charge me with a violation of probation stating that I was involved in criminal activity. Can they do this?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
A good attorne would try to get these facts before a judge and get the probation dismissed or in the alternative would ask for the violation held in abeyance pending any criminal charges. Also did it happen BEFORE you were put on probation? If so it is not a violation. Get an attorney.
Answer Applies to: Michigan
Replied: 7/8/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I would recommend that you retain an attorney to assist you with this matter. If you need specific advice, you will need to privately consult with an attorney to assist you with this matter. Most attorneys provide free initial consultations. It may be worth a few phone calls. Speaking generally, anyone charged with a probation violation has certain rights. Those rights include the right to council, the right to have a hearing, the right to have the prosecutor present their case against them, the right to call witnesses on their own behalf, among others; albeit, there are limitations. For example, burden of proof to prove a alleged probation violation is lower than the burden of proof for the original criminal charge and there is no right to jury trial. Judges have a lot of discretion over probation violation hearings and possible sentences if a person is convicted. Speaking generally, as long as a person is on probation, they are subject to the terms and conditions of their probation. Even if there is only one day left, a person is still subject to the terms and conditions of their probation until they are formally discharged.
Answer Applies to: Michigan
Replied: 7/7/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You can be charged, however, the ability to prove the violation is the real issue. You should hire an attorney to represent you prior to the hearing to see what can be done. Much of the outcome will depend on your original charge, and your Court, Prosecutor, Probation Officer, and your Judge. I hope that this is helpful. Should you wish a consultation, you should contact my office to further discuss your situation.
Answer Applies to: Michigan
Replied: 7/7/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
If the prosecutor is unable to prove you committed a crime, then no. But what are the written terms of your probation?
Answer Applies to: Michigan
Replied: 7/4/2013
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Yes, as long as you are on probation, and assuming the events occured while you were on probation, they could charge you. Whether they can obtain a finding that you did in fact violate your probation is another question.
Answer Applies to: Michigan
Replied: 7/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    As long as you are still on probation, they can charge you with a violation. It's one thing to charge someone with a violation, it's another thing to convict them of it. You are entitled to a hearing and an attorney. I recommend you exercise both of those rights. The standard is much lower at a PV hearing, unlike the heightened "beyond a reasonable doubt" standard at trial. Also, the fact that these has been more than two years ago makes it more difficult to defend yourself and present witnesses since memories fade and evidence disappears after that long of a period of time. You could make the argument that it is not timely filed and therefore prejudicial to you. In any event, you need to hire an attorney experienced in probation violations to make these arguments and motions for you. Retain an attorney as soon as possible.
    Answer Applies to: Michigan
    Replied: 7/6/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Certainly. If you violated probation, it doesn't matter if it is on the last day. Whether you actually violated is a different story.
    Answer Applies to: Michigan
    Replied: 7/6/2011
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