Michigan Motion and Summons Regarding Probation Violation is a court document that is issued by a court in Michigan when a probationer has violated the terms of his or her probation. This document informs the probationer of the violation and orders them to appear in court to answer for the violation. It is a way for the judge to ensure that the terms of probation are being followed and that the probationer is complying with the probation. There are two types of Michigan Motion and Summons Regarding Probation Violation. The first type is a Petition for Probation Violation. This is when an individual has violated the terms of their probation and the court is requesting them to appear in court to answer for the violation. The second type is an Order to Show Cause. This is when the court is requesting the probationer to appear in court to explain why the violations should not result in revocation of their probation.
Michigan Motion and Summons Regarding Probation Violation
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FAQ
(a) For a technical violation committed by an individual who is on probation because he or she was convicted of or pleaded guilty to a misdemeanor: (i) For a first violation, jail incarceration for not more than 5 days. (ii) For a second violation, jail incarceration for not more than 10 days.
No, there is no statute of limitations.
The most common probation violations include: Missing court or probation meetings. Failing to pay fines or restitution. Failing drug and alcohol tests. Failing to maintain employment. Incomplete community service. Unapproved associations with felons. Crossing state lines. Committing a new crime.
In general, the statutory maximum term of probation is three years for felonies and two years for misdemeanors. Lifetime probation is authorized for some drug offenses. However, within the statutory maximum, the length of probation is determined by the judge at sentencing.
Can you bond out on a probation violation in Michigan? A defendant can be released on bond if facing a probation violation.
Typically, a court will issue a bench warrant for the probationer's arrest when the authorities report to the court that a probation violation has occurred.
For a first violation, jail incarceration for not more than 15 days. MCL 771.4b(1)(b)(i).