Parole violations are a serious matter and, typically, parole brings up many questions. With Michigan cracking down on parole violations, more than 1,000 people on parole have been taken back into custody since January. One wonders what does it mean to violate parole? Will I go back to prison? What constitutes a violation, and what are the penalties for violating? In this article, you will find what the typical violations of parole are, and what the penalties of violating parole are in Michigan.
Parole Violations in Michigan
Not all prisoners are granted parole in Michigan. Parole is seen as a privilege and for those that the Parole Board recognize as safe to be in society. Also, as the Michigan Department of Corrections states, “not every technical violation of the conditions of parole results in a return to prison.” Alternative programs are often used to bring about the success of the offender to keep them active in the community. However, whether or not someone returns to prison does depend on what the Parole Agent sees as fit and what the violations require.
Common Parole Violations
Many different actions can result in violating parole. It is important to remember that each person will have different conditions for their parole. Here is a list of the most common violations:
- Not keeping the conditions court has assigned- this can include community service, meeting with your parole officer, and completing necessary paperwork on time
- Failing a drug or alcohol test
- Breaking the law or being accused of committing another crime
- Missing court
- Leaving the state of Michigan without permission from your parole officer
- Moving- regardless of whether you are moving across town or to another state, you must get permission from your parole officer
If you do violate your probation, you will be required to go before the court for a hearing. Oakland County provides a thorough Q&A on this topic.
Michigan Parole Violation Penalties
If you are thought to have broken parole, when appearing before the court, the prosecutor must prove with substantial evidence that you most likely committed the violation. If you are found guilty, then the court will assign penalties based on your violation and the seriousness of the violation.
Common Violation Penalties
- Bench warrant- this allows for “on sight” arrest, and this is used if the convicted person does not show at appointed court dates. A bench warrant can be used in civil and criminal proceedings
- Being required to do a psychological evaluation- often times, the court wants to know what is going on emotionally and physically with the convicted person
- Referral to programs such as AA, AAP, SOAP, NEAT, and MIP- these programs are used to curb alcohol abuse and possession of illegal substances
- Extension of parole- if deemed fit, the length of your parole may increase
- Requirement to pay fines and restitution
- Send you back to jail for a few days or cancel parole and send you back to jail for the time allowed by the law
With parole conditions being easy to violate, it is important to follow the conditions stated by the Michigan court and the designated parole officer. If you or someone you know does violate parole, it is highly suggested to find a reliable Michigan criminal attorney to speak with. With this information in mind, before making decisions, ask yourself how it can influence your parole.