I was on probation for 5 years my term is up October 20th but my po sent a probation violation for not paying it all off within that time, will I go to jail on my court date what will happen
There are multiple statutes that cover payment of restitution but the general statute is MCL 769.1a- Order of Restitution. To summarize this statute, this statute looks at your "good faith effort" in making restitution payments. MCL 769.1a (11) provides in pertinent part, "In determining whether to revoke probation..., the court... shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay."
It is important to note that MCL 769.1a (14) specifically provides, "Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so."
The Restitution review procedure is set forth at MCL 769.1a (15). It provides as follows: "In each case in which payment of restitution is ordered as a condition of probation, the probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office. The report shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report to the prosecuting attorney. If a motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance."
It is not clear from your question whether the Probation Officer was in fact conducting the twice yearly reviews or whether this final review was conducted not less than 60 days before the scheduled end of your probationary period. Regardless, as the previous commenter noted, you are in a jurisdiction that is noted to be tough on restitution cases. You would be well advised to consult a local attorney regarding this issue as soon as possible.See question
I was pulled over doing 38 in a 25. I must note that this road could have easily been mistaken for a 35 zone. I was written for impeding traffic with a warning for going 11-15 over. If I fight the impeding traffic on the basis that this road ...
Speeding 38/25 is a 3 point civil infraction. if you contest the Impeding Traffic ticket, the officer has the right to amend the ticket to the original violation (i.e., you won't have the contested hearing on whether or not you Impeded Traffic- the hearing will be whether or not you were speeding). As noted above by Mr. Abdo, Impeding Traffic is a non-abstractable violation meaning it will not appear on your Master Driving Record.See question
My husband was convicted in jury trial of reckless driving in July and he was sentenced yesterday, August 14, 2015. He, and I, strongly believes that he is innocent. He is planning to file an appeal for a new trial to the circuit court, but firs...
The appellate attorney you consulted advised you correctly. A Motion for new trial can be filed at a trial (District) court within 21 days of a sentence. Don't delay. If you wish to file a Motion and/or an Appeal, consult an Appellate attorney immediately.See question
I am 17 and have 2 tickets prior to this. The tickets were a speeding ticket and failing to yield. Just the other day, after a lot of snow was layer down I drove through a sub and hit my brakes which caused me to hit a fire hydrant. I got a ticke...
If you are 16, I'm assuming that you have a GDL (Graduated Driver's License). You must go 12 months accident/conviction free before you can be promoted to a Level 3. More importantly, upon conviction for an offense that has points you will receive Driver Improvement (DI) correspondence as you stated you already have 4 existing points on your record. You will likely be brought in for a Drivers Reexamination hearing with a Sec. of State analyst and your license will be suspended for a period of time due to having an Unsatisfactory Driving Record (UDR) during your probationary license period.See question
Cousin was charged with felony
EWOP (Entering Without Permission) can be charged as a Felony under certain circumstances. It is MCL 750.111. The statute provides, "Any person who, without breaking, enters any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, shipping container, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00."See question
I have no previous offenses, and was sentenced to the 7411. Probation, random drug tests, and C-Sam classes. Here it is a month later and the court has still not filed my paperwork. Am I on probation? I have called the offices and they said the pa...
You state that you were sentenced to 7411 status but "...the court has still not filed my paperwork." I'm not clear what "paperwork" you are referencing or whom you think it was supposed to be filed with by "the court". Generally, once you are sentenced before the Judge, you immediately report to the Court's probation dept. where you are given a written Order of Probation outlining your terms and conditions of your 7411 status. Many courts will then set up an Instructional Appt. for another day for you to meet w/ a Probation Officer to go over your Order of Probation terms with you and set you up with any programs (such as C-Sam classes) that you were ordered to attend. It should be noted that you are on probation from the moment you are sentenced by the Judge. The terms and conditions of the Order of Probation are effective even before your Instructional appointment with the probation officer.
You inquired, "Do I keep contacting them to get a probation officer or can I just get it all dropped?" The answer is that you need to contact the probation dept. (most likely in person) and straighten out the confusion. The case does not get "dropped" because of some apparent confusion/miscommunication. You want to get this on track before you miss a class and/or a drug test and end up with a violation of probation.See question
I left my kids unattended in vehicle for 20 mins or less and was arrested. I have no prior arrests or records I spent 48hrs in jail and my dad got me an attorney and I was released on a 400 dollar bond. There are still no charges filed against me ...
A bond posted at the police dept. pending arraignment before the Judge is referred to as an Interim Bond. I agree with counsel above, that all questions should be directed to your attorney whom is working on your behalf. The attorney sounds to have the situation well in hand and can handle any issue of return of the bond AFTER dealing with the issue of whether or not charges will be filed.See question
My ex was just arrested over the weekend and was on probation in two separate counties...a 3rd DUI misdemeanor 18 month probation sentence in one county and a Felony Weapons charge (Dangerous Weapon/Carrying with unlawful intent) with the other 4 ...
Judges generally take a dim view of someone incurring new arrests/charges while on probation. The Judge on each case he is currently serving probation could very well put him in jail and the Judge on the new case may very well say enough is enough and put him in jail upon conviction of the new cases. It should be noted that often a person will try and get the time served concurrently. Thus, if the defendant plead to the new case and was sentenced to jail and was then violated on his probation (by one or both of the other courts) the defendant would request that any jail time for his violation of probation (vop) run at the same time (i.e., concurrent) as the time he has to serve on the new conviction.See question
Charged with 3 counts of csc 3rd degree assault and batt misd. and distributing porn to minor. pleading to 1 count of csc 3rd degree and assault and batt. He has spent the last 3 months in county jail. Will he at least spend 3 years before re...
Although a prisoner will become eligible for a parole hearing after serving his minimum sentence (in this case, 3 years), the likelihood of a sex offender being approved for release at the first hearing is relatively low. From the Michigan Dept. of Corrections (MDOC) website, "Sex offenders do not easily gain parole. About 14 percent are paroled at their earliest possible release date compared with 47 percent of all offenders and 72 percent of all drug offenders." In particular, prisoners whose cases involved children are the least likely to obtain parole. The MDOC website states, "In particular, those offenders with prior sex offenses who prey on children are not likely to get a parole; they have to demonstrate they fully understand their deviation, what triggers it and how they plan to avoid circumstances that trigger it"
One of the reasons that sex offenders often are turned down at the time of their parole hearing is that they have not yet successfully completed the MDOC's mandatory one year sex offenders treatment program. If the prisoner has not successfully completed the rehab program then parole will be denied. When a prisoner flops (is denied parole) they have to wait another year for the next hearing. I hope this information was helpful and good luck to you and your family.See question
There was no physical action. It was am argument between my wife and I. I have completed all terms and just doing the time of probation now
As noted above, these cases are very fact specific. Prosecutors often assert that a seized gun should be deemed forfeited as it was an "instrumentality of the crime" as opposed to simply being present and inconsequential to the conviction offense. A Motion (or a Claim and Delivery action) can be brought to obtain a ruling from the Court on the return of the seized item.See question