Probation Violation Dismissed
Sometimes a skilled probation violation attorney is the only thing that keeps you out of jail. Recently Nessel and Kessel had the pleasure of representing a young man who was alleged to have violated his probation in the Wayne County Circuit Court. The client originally plead guilty to possession of less than 25 grams of heroin and was sentenced to non-reporting probation. Unfortunately, during his probation, the client was forced to change probation officers. As is sometimes the case, the new officer was not familiar with all of the details of the client’s case, and when he didn’t show up didn’t report during the first 2 months of the new probation officer’s term the probation officer issued a warrant for the client’s arrest. The client, who was unaware that a warrant was issued for his arrest, was later arrested and charged with violating his probation by absconding.
Before holding the probation violation hearing, Chris Kessel was able to obtain a copy of the original court file where it clearly showed that the client was sentenced to non-reporting probation. Chris was able to explain to the court that the client was under no obligation to report regularly to his probation officer and that it was the fault of the new probation officer, not the client, that the warrant was issued. When the court saw the original order of probation along with the accompanying documents, the violation was immediately dismissed and the client was continued on his probation, with the court’s apologies.
Often times probation officers, due to their workload and frustration, will violate their probationers for little or no reason at all. They will violate you for being 5 minutes late to a meeting or for getting your report days mixed up. Sometimes, as was the case here, they will improperly violate you when you’ve done nothing wrong! If not handled carefully these violations can result in losing special probationary status, jail, or ever prison time. That’s why you need a experienced and skilled probation violation attorney.
If you’ve been charged with violating your probation, you need a top criminal defense attorney who not only knows the system, but who can explain to the special circumstances that may excuse you from a finding of having violated your probation. Not every attorney has the skills and the relationships to keep you out of jail and on probation. At Nessel and Kessel Law, we have the experience to explain away the innocent (and not so innocent) allegations that you have violated probation.
If you’ve received notice that it is alleged that you have violated your probation, contact Nessel and Kessel Law for a free consultation with one of Detroit’s best probation violation attorney.