Category: Probation and Extended Supervision

What is felony probation? Let’s start with an easy definition: probation.  Probation is supervision.  It allows for the defendant to live at home and continue a relatively normal existence.  The defendant can continue working and remains out of jail (unless a condition of probation is some jail, which we’ll discuss later).  The court orders the…

Court of appeals Anderson challenged the search at the trial court level and lost the argument. The Court of Appeals affirmed the trial court decision.  That court found that “Seeger had sufficient basis to believe that Anderson was subject to Act 79.”  Further supporting that decision, the court found “Seeger was familiar with Anderson, having…

One of the most common calls we receive at Van Severen Law Office involves a loved one being placed on a probation hold.  This post will explore how you can be placed on a probation hold, how long you can be detained on a probation hold, and possible outcomes of your probation hold. Detained on…

When will my sentencing after revocation be scheduled? This is a common question asked by individuals who have been revoked from probation or extended supervision.  Your probation officer alleged that you violated rules of supervision.  You went to a hearing, and the administrative law judge found that the allegations against you were appropriate for revocation. …

How can someone be found not guilty by a jury of his peers and still be sent to prison?  Because he was on probation at the time he was charged with the crimes and his supervision was revoked.  Damien Payne took his felon in possession of a firearm and carrying a concealed weapon case to jury…

What happens after the probation revocation investigation? Upon completion of the investigation, the probation agent makes an important decision: am I going to revoke the offender or not?  If the agent decides to revoke the offender, the offender must be notified within 2 working days of the violations he’s facing and the rights he has…

Withheld sentences vs. imposed and stayed sentences: When the court places the defendant on probation it also determines what to do with the underlying sentence.  Should the court announce a penalty on the front end for a failure of probation?  Or should the court wait and only sentence the defendant if he fails probation?  That’s…