[speakerman03]

My question involves criminal law for the state of: Michigan

Original disposition: Guilty of neg. Homicide, loss of driving privileges, restitution, fines/costs, comm. service, 2 yrs. probation.

I understand that the maximum sentence is 2 years incarceration and $2,000 fine. ( or any combination "in lieu of" incarceration not to exceed 2 years. )

How long is the maximum term of probation the state can impose on you? And, does the term Statutory Maximum really mean what the word says: maximum, or does it really mean something different like: unless the maximum term is violated, in which case a new term may be imposed that would surpass the existing term, thus creating a new maximum?

After a violation occurred in this case, the probation term was then extended for 2 years (total time on probation for this offense is now reaching 5 years). All of the information i can find on this state and what the law is here basically all say: "In general the statutory maximum is 2 years for misdemeanors, and 5 years for felonies." Now if the limitation on the length of the probation term say that it cannot go beyond 2 years ( it is also a possibility that in my case the High Court Misdemeanor changes it to a 5 year max ), How did it just get extended beyond 2010 and into 2011?

Also while scouring the net and the MCL database for information (Section 750.324 will be repealed), I found that the actual definition of the original sentenced charge is changing somehow due to a new act set to become effective on October of 2010. Does this have any effect on the Order of probation? (if you could explain this change on how it pertains to this case it would be appreciated)

Sorry it is such a long question, but its not easy to explain.... if you have any advice in how to get an early termination date from this new term, please share. (Although not completing restitution in full is inevitable, even if an early termination were to occur, all other stipulations to the probation have been completed.)

[Mr. Knowitall]

There is no "maximum term of probation" per se, although there can be a maximum term for specific charges, usually five years. At least one charge in Michigan carries potential lifetime probation. Violations can get your probation extended.

I'm not following your math. If the initial term was two years, and the extension was two years, two plus two = four.

What do you mean by "the actual definition of the original sentenced charge"? Odds are it has no relevance, as you were sentenced under the old law.

You are free to discuss early termination with your probation officer. I doubt that the P.O. will be interested in releasing you early if you haven't paid off your restitution, but it's not my call.

[speakerman03]

My question involves criminal law for the state of: Michigan

** previous question needs more in depth answer please**

My case carries a 2 year maximum, but because i am on felony probation, it is more than likely a 5 year maximum term.
New Question: How many times can your probation be extended, and if that number of years goes beyond the "general" statutory maximum (5 years), shouldn't I be let off as the 5th year ( the number of total years ) comes to an end? And what do you mean by there is no maximum term for probation "per se?" Originally i stated that my probation was extended for 2 years and now it is approaching the 5th, this is because it is actually my 2nd violation (both for restitution issues). This whole process is making me think that the court can just keep on extending my probation as long as they keep it within the 2 year max that my case carries, is this true?

Original question:


Original disposition: Guilty of neg. Homicide, loss of driving privileges, restitution, fines/costs, comm. service, 2 yrs. probation.

I understand that the maximum sentence is 2 years incarceration and $2,000 fine. ( or any combination "in lieu of" incarceration not to exceed 2 years. )

How long is the maximum term of probation the state can impose on you? And, does the term Statutory Maximum really mean what the word says: maximum, or does it really mean something different like: unless the maximum term is violated, in which case a new term may be imposed that would surpass the existing term, thus creating a new maximum?

After a violation occurred in this case, the probation term was then extended for 2 years (total time on probation for this offense is now reaching 5 years). All of the information i can find on this state and what the law is here basically all say: "In general the statutory maximum is 2 years for misdemeanors, and 5 years for felonies." Now if the limitation on the length of the probation term say that it cannot go beyond 2 years ( it is also a possibility that in my case the High Court Misdemeanor changes it to a 5 year max ), How did it just get extended beyond 2010 and into 2011?

Also while scouring the net and the MCL database for information (Section 750.324 will be repealed), I found that the actual definition of the original sentenced charge is changing somehow due to a new act set to become effective on October of 2010. Does this have any effect on the Order of probation? (if you could explain this change on how it pertains to this case it would be appreciated)

Sorry it is such a long question, but its not easy to explain.... if you have any advice in how to get an early termination date from this new term, please share. (Although not completing restitution in full is inevitable, even if an early termination were to occur, all other stipulations to the probation have been completed.)

Answer from: Mr. Knowitall
Senior Member


Default Re: What's the Maximum Term of Probation, and What Happens if you Violate
There is no "maximum term of probation" per se, although there can be a maximum term for specific charges, usually five years. At least one charge in Michigan carries potential lifetime probation. Violations can get your probation extended.

I'm not following your math. If the initial term was two years, and the extension was two years, two plus two = four.

What do you mean by "the actual definition of the original sentenced charge"? Odds are it has no relevance, as you were sentenced under the old law.

You are free to discuss early termination with your probation officer. I doubt that the P.O. will be interested in releasing you early if you haven't paid off your restitution, but it's not my call.

[Mr. Knowitall]

You can look up the statutes governing the term of probation for your conviction charge here. It's probably five years, but you can look it up as easily as anybody else. Your probation can be extended up to the statutory maximum (with certain periods, such as any time spent absconding from probation, being excluded). See People v Marks.