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Probation Violation, Bench Warrants, and Suspended Sentences

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  • 12-12-2012, 01:09 PM
    dead_onion
    Probation Violation, Bench Warrants, and Suspended Sentences
    My question involves criminal law for the state of: Michigan

    ex wife's BF/fiance violated his probation. Up until this point the ex was trying to allow the courts to have him be around my kids, I currently have an order preventing contact with my kids.

    He was serving a 3-15 year suspended sentence for felony assault, domestic violence, and interfering with electronic communications. In addition he has priors for drugs, robbery, and domestic violence.

    I'm not sure what he did to violate the probation, and he didn't show for the violation hearing, so a bench warrant is issued.

    Will the police go to his place and arrest him? How can I find out what he did that violated his probation? Will the courts most likely un-suspend his sentence and put him in prison?
  • 12-12-2012, 01:37 PM
    aardvarc
    Re: Probation Violation, Bench Warrants, and Suspended Sentences
    Generally, no - police are WAY too busy to go LOOKING for people with warrants unless it's for felony murder or there are a stack of felony warrants for violent crimes. Most warrants get attention because a person runs into law enforcement for some OTHER reason, such as a minor car accident, a traffic stop for a tail light out, or police responding to a noise complaint. If someone happens to know the exact location of a wanted person at a particular time, they can always call police and say "hey, this wanted guy is sitting at McDonalds right now" - they'll usually respond and attempt to make the apprehension, but short of knowing exactly where a wanted person is at a particular moment, no, they generally don't go looking for them - there are simply FAR too many of them for this to happen.

    If you want details on his probation, you can always attempt to contact the probation office, but odds are that they're not giong to disclose this to you. If your curiousity is intense enough, you can attempt to attend his arraignment when he's apprehended, but you'll have to figure out how to keep tabs on that, since they're not going to notify you (hint: your local sheriff's office often has daily arrest logs online, and you can check these to keep tabs on if he's become a guest yet).

    What happens in relation to his violation is generally going to be heavily based on the recommendation of his parole officer, in conjunction with the nature of the violation (for example, committing an addition crime will weigh in more heavily than getting caught drinking or being late for an appointment).
  • 12-12-2012, 01:43 PM
    viol8te
    Re: Probation Violation, Bench Warrants, and Suspended Sentences
    If you are the victim of the domestic, I can inform you of warrants, court dates and failure to comply with treatment. I can't be specific on allgations, but depending on what you are looking for, I can say some things.
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