What Happens if I Violate Parole in Michigan?

For an inmate serving years of prison time, parole is an important opportunity for them to escape the confines of jail. Parole offers certain prisoners an opportunity to be released and serve the rest of their sentence out in the community with certain restrictions. If you violate the terms of parole in the state of Michigan, you will need the assistance of an Upper Peninsula criminal defense lawyer to avoid the full extent of the associated penalties.

What Is Parole in Michigan?

Parole is an option for some criminal offenders who have been sentenced to time spent in jail that allows them an early, conditional release. This allows those who are granted parole the option to serve the remainder of their sentence outside of jail, under the supervision of the Michigan Department of Corrections (MDOC). 

It’s imperative to understand that parole is different from probation, though they are often used incorrectly interchangeably. Probation is an option that some may be sentenced to in place of prison, while parole is an option for those who have already served time behind bars.

What Rules Do Parolees Have to Follow?

There are various rules, known as conditions, that a person on parole has to abide by to maintain their freedom, in accordance with MCL – Section 791.236. Because the parolee is technically still serving their sentence, they are not given the same liberties that the average person is entitled to. During the term of their parole, they might have to:

• Participate in regular check-ins with their parole officer
• Avoid contact with gang members or criminals
• Attend drug or alcohol recovery classes
• Maintain approved housing and employment
• Not contact victims of their crime
• No travel without prior approval
• Refrain from contact with the victim or co-defendants
• Not possess firearms or other weapons
• Obey all local, state, and federal laws
• Submit to random searches and drug tests

It’s important to understand that the conditions of your parole will vary based on the crime you are accused of, as well as the specific circumstances of your case. 

What Counts as a Parole Violation? 

There are a number of ways in which someone may be accused of violating the terms and conditions of their parole in the Upper Peninsula. Violations almost always fall into one of two categories – technical or substantive.

Technical (Minor) Violations

Technical violations are generally minor breaches, such as:

• Missing an appointment
• Failing a drug test
• Traveling without approval
• Failure to maintain employment
• Curfew violations

Substantive (Serious) Violations

Substantive violations, on the other hand, are generally much more serious in nature and, as such, are penalized much more harshly. These violations often include:

• Contacting a victim
• Committing a new criminal offense
• Possession of a firearm

What Happens After a Parole Violation in Michigan?

If you are accused of violating the terms and conditions of your parole, understanding what process you can expect under MCL – Section 791.240a is critical. The most important thing to remember is that you have the right to an attorney to represent you throughout this process.

Detention After the Alleged Violation

If you are accused of violating parole, the first thing that will happen is that your parole officer may detain you. The primary purpose is to investigate the claims and prepare for the subsequent hearings. Detention may only last up to 45 days. 

The Parole Fact-Finding Hearing

The fact-finding hearing is an informal hearing in which evidence will be presented to determine whether or not a violation has occurred. During this hearing, you reserve the right to challenge the accusations against you. 

If no violation is found, your parole will continue as normal. However, in the event it is determined that a violation did occur, a revocation hearing will be scheduled.

The Parole Revocation Hearing

The revocation hearing is a formal process conducted by the Michigan Parole Board. The board will hear the circumstances of the alleged violation, evidence, and testimony before issuing a decision. Some possible outcomes of this hearing include:

• Formal warning or stricter parole conditions
• Extended parole sentence
• Full revocation of parole and return to prison.

What Are the Penalties for Violating Parole in MI?

The penalties that you are given for violating parole will vary depending on your specific circumstances. People whose original convictions were very severe typically have stricter conditions of parole, meaning penalties may be treated more harshly. 

Regardless, the penalties you can face for a parole violation will depend on the severity of the violations, the original offense you were convicted of, and your prior criminal history. Some penalties you may be given include the following.

• You could have the length of your parole extended
• You may be given additional or more strict conditions to abide by during your parole
• You may be temporarily detained
• Your parole may be revoked, and you could have to return to prison to finish out the rest of your sentence
• You could be charged with a new criminal offense

Can You Avoid Going Back to Prison for a Parole Violation?

For many, the prospect of returning to prison to serve the remainder of a sentence following a parole violation can be overwhelming. In some instances, however, it may be possible to avoid returning to prison. 

Generally, minor violations are often penalized without the revocation of parole. Regardless, early legal intervention is critical, as your attorney can help gather important evidence, challenge accusations, and negotiate alternative outcomes on your behalf. 

Contact Our Experienced Michigan Parole Attorneys to Assist You

If you are facing accusations of violating parole, you may be worried about the possibility of returning to jail. As such, working with an experienced attorney with Berger Law is critical to navigating the overwhelming process of an alleged parole violation. Our firm will examine the unique details of your circumstances to help you fight for the best possible outcome. Contact us today to learn how we can represent you.