Can I Get Probation Instead of Jail Time in Michigan?

When you are facing criminal charges it is natural to wonder what your life will look like after a verdict has been reached. Will you have to pay significant fines? Will you be sentenced to jail? While jail is the standard sentence for many crimes, you may be able to get probation instead, depending on the details of your situation. Reach out to an Upper Peninsula criminal defense lawyer to discuss your case and obtain skilled representation.

What is Probation?

Probation is the supervised release of a convicted criminal. When given probation, a defendant is permitted to remain in their home and community under certain conditions. Probation is not a get-out-of-jail-free card. The individual is still serving a sentence, they are simply allowed to serve it without being incarcerated.

While on probation, individuals must comply with terms and conditions set by the court. These terms may include the following and more.

• Regular check-ins with a probation officer
• Drug testing
• Mandatory counseling or treatment programs
• Paying restitution to victims
• Obeying all laws

Probation offers individuals a way to stay out of jail while still being held accountable for the offense.

Can I Get Probation Instead of Jail Time in MI?

Yes, it is possible to get probation instead of jail time. In Michigan, probation is a common sentence for individuals convicted of misdemeanors or lower-level crimes. Michigan’s sentencing guidelines help judges determine appropriate sentences based on the circumstances of the case. Every aspect of the offense and the defendant’s behavior will be considered before a sentence can be issued.

What Factors Determine if I Can Get Probation Over Jail?

Probation is a privilege, not an inherent right. After being convicted of a crime in Michigan, a judge or court will consider a multitude of factors when deciding if probation should be given. Consider the following.

• The severity and nature of the offense
• The damage and losses sustained by victims
• Whether or not the defendant shows remorse for their actions
• How likely the defendant is to continue engaging in criminal conduct
• The defendant’s criminal record
• The risk the defendant poses to public safety

The above and more will impact the outcome of sentencing in a criminal case. It is also important to note that certain crimes automatically disqualify defendants from receiving probation. An individual convicted of the following crimes will not receive probation as a sentencing option.

• Murder
• First-degree criminal sexual conduct
• Armed robbery
• Treason

In general, probation is more likely to be considered for less severe offenses like nonviolent or misdemeanor crimes. Felony convictions, especially ones involving violence or significant harm to others, may result in a prison sentence instead of probation. Courts must consider the threat of putting the convicted individual back on the street in comparison to the fairness of sentencing them to jail.

To learn more about your rights and chances of receiving probation during your case, contact an experienced lawyer today.