My question is if we are temporarily shut in and my testing facility closes, could the court extend my probation? It ends very soon and my biggest fear is that this is going to affect my probation.
The answer to your question depends upon the nature of the offense for which you were placed on probation, the Judge overseeing your probation, whether or not you have had any previous probation violations and, if not, how many months do you have to go until probation is completed in the best of times. Couple all of the above with the fact that Covid-19 has basically shut down testing in many areas and you are in uncharted territory, no one know for sure. If you are only testing for alcohol and only have a month to go--you might not suffer a prolonged probationary period. Otherwise, you just need to leave messages with your probation officer about the lack of open testing facilities in your area and what you can do at this time.
Not an immigration question referred to criminal defense
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Obviously this is a matter that could change depending on the day, but at this point it depends on the court to which you are on probation. Many courts are changing probation reporting to by phone only, but are not amending the terms of probation (including the length of time to complete probation). In order to be sure what your requirements are you should check with your individual probation officer.
In the meantime, statewide information about the Supreme Court's emergency procedures and other matters is available at this link: https://courts.michigan.gov/News-Events/Pages/COVID-19.aspx. Otherwise, you may be able to get updates from your individual court's website, or as noted above, by contacting your probation officer directly.
I hope this response helps; if so, please mark it as “helpful” and/or a “best” answer. My office regularly handles legal matters of this kind in the state of Michigan, but a complete analysis of any legal question involves individual facts and circumstances generally beyond the scope of a posting in this forum. Although your inquiry and my response do not create an attorney-client relationship, it is always advisable for you to consult with a qualified legal professional for a more comprehensive opinion about your individual situation and any recommended course of action.
I don't think it is really possible to know for sure at this point. Depending on the type of offense, the law limits the maximum period of time you can be kept on probation. A common misdemeanor probation carries a maximum of two years of probation. I doubt that a court could extend beyond that maximum without an act of the legislature. If you will not have served the maximum time allowed for probation for your offense, then I suppose it is possible that your probation could be extended through no fault of your own. If you are very near the end of your probation term and you have not had any violations of probation, it would seem that you have a decent chance of being released from probation on time. This is assuming there will be anyone at the court to do it. In the meantime, comply with all of the terms of probation that you can. Go to the website of the particular court you are dealing with, and see what it says about reporting, testing, etc. Good luck and stay well. Sincerely, Frank B. Ford
The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
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