Legal Question in Criminal Law in Michigan

Re: Felony probation violation

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Re: Felony probation violation

I believe the first zero tolerance violation is 3-5 days, the second is 10 days, third is 30 days and the fourth is the full 90 days. However, if he violates again, the judge could conceivably cancel zero tolerance, revoke his HYTA and give him some heavy time.

Plus, he has to be arraigned on the MIP in the district court.

Re: Felony probation violation

Any time a probation violation is adjudicated by the court, at sentencing on the PV the court essentially "re-sentences" the defendant for the original offense. Imposition of probation at the original sentencing was a privilege granted by the court in avoidance of jail/prison time. When you violate that grace, you subject yourself to re-sentencing. So, on the original felony, the court can choose to re-impose the same 90 day jail sentence that was deferred at the original sentencing, or can re-think the entire thing and fashion a new sentence that fits within the bounds of what can be imposed for the felony (which could include prison time, jail time, probation, etc.).

It sounds like the court has removed him from the "zero tolerance program", and will impose the 90 days jail on the original felony. What is unclear is whether his probation has been revoked/canceled, or is continuing. If it is continuing, then after the 90 days is served, he is still on probation ... so any later violation could result in another re-sentencing on the felony (where, as you can expect, the odds are good that the punishment will go even higher).