I was not formally arraigned on the charges while I was in jail because I posted a bond with a bail bondsman. I violated probation due to failure to appear. I just paid all my fines and cost, finished up my anger management, and did all my community service. Can a judge send me back to jail even if I plead not guilty during my arraignment hearing?
Personal Injury Lawyer
If you violated probation due to failure to appear, the court might issue a warrant for your arrest.
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
Criminal Defense Attorney
The judge always has the power to change your bond and he could raise your bond at the arraignment. That being said, the judge will not likely may any amendment to your bond unless something new has happened or he or she feels the original bond was just totally set too low. If you plead guilty to the violation of probation (VOP) at the arraignment, you risk getting sentenced right then and jail could be a possibility. The best thing for you to do is not do anything without an experienced criminal defense lawyer by your side and doing what is necessary to protect you. If you've done all the things you say you have done, a good lawyer will be able to make a good pitch for you not to do any additional time. Don't go it alone!
I encourage you to use www.avvo.com to find a 10.0 rated criminal defense lawyer. Most retained criminal defense attorneys will offer you a free telephone consultation. Feel free to consult with an attorney in any part of Michigan as it is not uncommon for criminal defense lawyers to travel throughout the state.
Mr. Loren Dickstein, Esq.
LEWIS & DICKSTEIN, P.L.L.C.
3000 Town Center, Ste. 1310
Southfield, MI 48075
Fax: (248) 357-1371
AV Rated (Preeminent) by Martindale-Hubbell
Click on the picture to see the profile of the lawyer answering your question. The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
2 found this helpful
Divorce / Separation Lawyer
In Michigan as it relates to bond, the Judge can change a bond condition at anytime. I think it is very important that you make sure you appear as that is one of the reasons for bond, to make sure you will appear for all hearings. The other issue for bond is to make sure the public is protected. With that said, it depends on the violation.
I suggest you have an attorney present at the arraignment to argue against any change in bond. With this all said, many judges keep the bond already set unless there is a request to change bond.
1 found this helpful