Probation Violation in Michigan
Hi everyone, I really need help figuring out whats going on... Anyways heres the backround story. Last year I was taken to court with an ex-friend of mine on an Embezzelment charge, for 1000>20,000, a felony here. Well I was granted HTYA probation for 18 months, with 40hrs. community service, and restitution of about $4,000. A few weeks ago I plead guilty to Operating while Impaired, and Improper Plates, from an arrest I got at the end of June of this year. I informed my probation officer of the arrest, but left out the part about the impaired driving, because I didnt have the test results back yet, and thought I might not have even been impaired. Since my crime of embezzelment happened in a neighboring county, they transfered me to my home county. In my 18 months I have had a total of 6 probation officers on this case, due to people changing offices and promotions and what not, all in the past 6-8 months alone. When the probation officer in the county of the offense learned of my arrest, he would not listen to a word I had to say on the matter, and insisted that he would do everything in his power to violate me, and ordered to see the police report on my OWI case. Now I have been going to college, and just got into an electrical apprenticship, my carrer I have been working towards, so I had work all new hours and couldnt get any time off. I am being violated for not reporting to my PO for 1 month, drinking alcohol, and being arrested for OWI. For the month I didnt report, I was confused, and thought I did, but I did call my PO about 4 or 5 times that month, notifying her of my job change. I also completed all my community service within the first 6 months, which the Head PO has no knowledge of. And the restitution amount of $4000 is all paid off. I was arraigned last week, but before I went before the new judge (my original judge retired), the Head PO, was being uncharacteristly nice to me, and told me all I needed say to the judge, and he told me not to worry bout the community service, he would take my word for it that it was done. Now my dilemma is that I want to know what the odds are for me that I could maybe get an extension of probation, or something to that effect. I am laid off right now, from a really good job, and it was because of all of this that they couldnt work me at one site (Having a warrent out). I can pay anything they need after this, I just can't afford to have a felony on my record, and i might lose my apprenticship status. This is my first violation, first problem with them ever. Always on time, dressed well, and willing to do anything. I was just wondering so much because I would have only had 9 days of probation left, technically, as of today, and I have everything else taken care of. Because of the OWI, I am also on 6 months mail-in probation, random drug testing, and drinking counciling. Thank you for all the help, I am having my hearing on Tuesday the 25th, and have a court appointed attorney. Is it possible to get out of this without jail/prison time or at least without a felony?
Re: Probation Violation in Michigan
Get the best lawyer you can afford, and hope for the best. You got a big break with HYTA, and the judge probably won't be very sympathetic.
Re: Probation Violation in Michigan
Well I was sentenced tuesday, to a 9 month extension of my HYTA. Good News I thought. The judge said he would like me to seek an assessment and counciling. All well and fine with me, because my OWI probation told me the same, so I go to this place the OWI told me to... While there, they refered me to another establishment for my assessment, because they carry my insurance provider. I notified both my HYTA probation officer, and the OWI officer, and nobody called back complaining. Yesterday I went to my assessment, and they told me the right treatment for me was to go to a Alcohol Highway Safety Class, and that I wasnt much risk. Well all of the sudden I get a call from the HYTA probation officer today, first thing, and he is mad because he doesnt think I should just go to that, and that I require more treatment, and he doesnt know these people I ended up going to for assessment. He also proceded to say he didnt wanna have this talk again, and I need to get it together... My gripe is that, first off I have done what was ordered to me to do. Secondly, the people I had assessment with have degrees in this kind of work, correct? Where is the Probation Officers? He was mad because the paper they sent him said "Based on how their questions were answered, I am supposed to go to this 1-time safety class" The only way to find out what kind of treatment a person needs is to ask questions, correct? And these were not just easy 20 questions, it was a professional battery. Anyways, some help in all this would be appreciated, I am currently talking to everyone I can.
Thanks for any help!!!
Re: Probation Violation in Michigan
You were very fortunate to get the HYTA extension. It sounds like your probation officer really wants to hold your feet to the fire. Try to make your probation officer happy.
Re: Probation Violation in Michigan
Thanks Aaron, right now I am going to see a friend of mine's dad, a lawyer, and ask him... But does it sound to you like he has a personal vendetta against me, because everyone else, at my hearing, the judge, the prosecutor, my lawyer, all wanted me to be discharged, and given my papers. That P.O. was the only one who raised a big fuss. It just seems to me like he is being childish, because he didnt go along with the judge's ruling. I am currently trying to prove that what they (the place where i got my assessment) said is valid, and they handled me correctly. This guy just makes me so irritated, but I am keeping my cool with him. And yes, I really do acknowledge how lucky I was for an extension, and I count my lucky stars, but I am not made of money, and all these treatments for a guy that doesnt have a problem with alcohol, is getting costly. I already paid the courts everything, I am just trying to do my time, and get back to work full time.