Probation Violations in Michigan

Probation in Michigan is 'a matter of grace,' and revocation and incarceration should be imposed only for repeated technical violations, new criminal behavior, or at the probationer's request. The probationer is entitled to a written copy of the charges and a revocation hearing before the judge; the hearing is summary and informal and the criminal rules of evidence do not apply. For a technical violation, jail is capped at 5, 10 and 15 days for the first three violations by someone on probation for a misdemeanor, and 15, 30 and 45 days for someone on probation for a felony; the court may not revoke probation for a technical violation unless the person has already been sanctioned for 3 or more technical violations. If probation is revoked, the court may sentence the person as if probation had never been granted. There is a presumption that a summons, not an arrest warrant, will be issued for a technical violation.

Michigan's rule on court-appointed lawyers: Under the Michigan Indigent Defense Commission Act, the local indigent criminal defense system determines indigency (including partial indigency) not later than the defendant's first appearance in court, considering income, property, obligations, dependents, employment and training history, and education. A defendant is indigent if unable to obtain competent, qualified legal representation without substantial financial hardship to himself or herself or dependents; substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance (including food assistance, TANF, Medicaid or disability insurance), resides in public housing, earns an income less than 140% of the federal poverty guideline, is serving a sentence in a correctional institution, or is receiving residential mental health or substance abuse treatment. Others receive a more rigorous screening. A partially indigent defendant contributes an amount set under MIDC standards, subject to prompt judicial review. The defendant must apply for indigent defense counsel and establish indigency, with statements made under oath or an equivalent affirmation. No application fee is stated in this section. MCL 780.991(3)

Lawyers set their own fees, and Michigan has rules on how they may charge. See hiring a criminal defense lawyer in Michigan for fee rules, how to check a lawyer's license and free help.

How release before trial works in Michigan: Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail, and the amount of bail shall not be excessive. The court fixes the amount, and in doing so must consider and make findings on the record as to each of: the seriousness of the offense charged, the protection of the public, the previous criminal record and the dangerousness of the person accused, and the probability or improbability of the person accused appearing at trial. If the court allows a 10% deposit bond, the accused may instead post a surety bond, approved by the court, for one-quarter of the full bail amount. For an ordinance violation or misdemeanor, the court may accept surrender of a valid driver's license in place of other security or as a condition of personal-recognizance release. MCL 765.6 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Michigan expungement and record sealing rules.