Probation Violations

According to Michigan law, probation is not a right, but a privilege. It is a “form of leniency” that allows a convicted criminal to remain in (or re-enter) society. A defendant may be sentenced only to probation or probation may be granted after some jail time has been completed. Defendants placed on probation are supervised by a probation officer (also called a field agent). The probation officer is an employee of the prison system – – the Michigan Department of Corrections.

Because probation is a form of leniency, it can be revoked at any time. Revocation usually occurs if the defendant has violated the terms of the probation as set forth by the judge. Under Michigan law, if it appears to the sentencing court that a probationer is likely to engage again in an offensive or criminal course of conduct during the period of probation, the court may revoke probation. In addition, probation can be revoked in any manner the court considers appropriate.