FRAIBERG & PERNIE
If you are accused of violating probation in Michigan, do not assume that jail or revocation is automatic.
The first questions should be:
What condition are you accused of violating?
Is the alleged violation technical or nontechnical?
What evidence supports the allegation?
Is this a first violation or a repeat violation?
Are you accused of a new criminal offense?
Has the court issued a summons or warrant?
What documentation may explain or challenge the allegation?
Michigan law treats different probation violations differently.
For many technical probation violations, there are statutory limits on incarceration and restrictions on when probation may be revoked. More serious allegations—such as a new criminal offense, certain no-contact violations, absconding, or other nontechnical violations—can create greater exposure.
Fraiberg & Pernie represents individuals facing probation-violation allegations throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.
Call (248) 986-2682 for a confidential consultation.
Law Firm: Fraiberg & Pernie
Attorney: Matthew Fraiberg
Practice Area: Probation Violation Defense
Regions Served: Oakland County, Wayne County, Macomb County and Southeast Michigan
Common Allegations: Missed testing, failed testing, missed appointments, new criminal charges, no-contact violations, failure to complete programs, travel violations and absconding
Primary Issues: Technical vs. nontechnical violation, evidence, prior violations, jail exposure and continuation or revocation of probation
A probation violation occurs when a person is alleged to have violated a condition contained in the court’s probation order.
Michigan probation conditions may include requirements such as:
Obey all criminal laws
Report to probation
Remain within approved geographic limits
Obtain permission before leaving Michigan
Complete counseling or treatment
Submit to drug or alcohol testing
Pay restitution
Complete community service
Follow no-contact requirements
Comply with other individually ordered conditions
Michigan law specifically provides that probationers generally may not leave the state without permission from the court.
The exact probation order matters.
Do not assume that another person’s probation conditions are the same as yours.
This is one of the most important distinctions in Michigan probation law.
A technical probation violation generally involves violating a probation condition without committing one of the more serious violations specifically excluded from Michigan’s statutory definition.
Examples may include:
Missing a probation appointment
Missing a drug test
Failing a drug test
Failing to complete counseling
Missing community service
Violating some reporting requirements
Failing to complete a court-ordered program
Certain travel or administrative violations
Michigan law specifically includes missing or failing a drug test within the definition of a technical violation, subject to statutory exceptions.
Michigan law specifically excludes certain allegations from the technical-violation category.
These include:
Violating a criminal law
Certain no-contact-order violations
Absconding
Alcohol consumption while on probation for felony OWI
Those allegations may therefore be treated more seriously than an ordinary technical violation.
Yes, but Michigan law places limits on incarceration for many technical violations.
For a person on probation for a misdemeanor, the maximum jail sanctions for technical violations generally increase with each violation:
First technical violation: up to 5 days
Second: up to 10 days
Third: up to 15 days
Fourth or later: potentially more, subject to the remaining eligible sentence
For a person on probation for a felony, the statutory limits are generally:
First technical violation: up to 15 days
Second: up to 30 days
Third: up to 45 days
Fourth or later: potentially more, subject to the remaining eligible sentence
There are exceptions, so every case must be reviewed individually.
Not automatically.
Michigan law generally provides that probation should not be revoked solely because of a technical violation unless the probationer has already been sanctioned for three or more technical violations and then commits another technical violation, subject to statutory exceptions.
That makes the violation history extremely important.
A first missed appointment and a fourth technical violation are not necessarily treated the same way.
Not always.
Michigan law creates a rebuttable presumption that the court should issue a summons or order to show cause, rather than an arrest warrant, for a technical probation violation.
A warrant may still be issued if the court states a specific reason to believe, for example, that the probationer presents an immediate danger, left inpatient treatment without permission, or previously failed to appear after receiving a summons.
Nontechnical violations can be handled differently.
A probation violation case may begin with:
A probation officer’s report
A petition alleging a violation
A summons
An order to show cause
A bench warrant
An arraignment on the alleged violation
At arraignment, the court must provide written notice of the alleged violation and advise the probationer of the right to contest the allegations and the right to counsel.
The court also determines what form of release, if any, is appropriate and schedules the next hearing.
A probation violation hearing is not exactly the same as a criminal trial.
The probationer has the right to:
Be present
Review the evidence
Present evidence
Examine witnesses
Cross-examine witnesses
Be represented by an attorney
The prosecution must prove the alleged violation by a preponderance of the evidence, which is a lower burden than the beyond-a-reasonable-doubt standard used in a criminal trial.
The ordinary rules of evidence generally do not apply in the same way they do at a criminal trial, although privilege rules still apply.
That makes preparation especially important.
A new criminal allegation can create two separate problems:
The new criminal case.
The probation violation.
Michigan law does not classify violation of a criminal law as an ordinary technical probation violation.
That means the consequences can be more serious.
The defense should evaluate both cases together because statements, evidence and strategic decisions in one proceeding may affect the other.
The answer depends on the exact circumstances.
Questions may include:
Was the test actually required?
Was the test missed or positive?
Was the result accurate?
Was there a testing-device problem?
Was another test taken?
Is there medical documentation?
Was the probation officer notified?
Is this the first alleged violation?
A missed or failed drug test is generally treated as a technical violation under Michigan law.
However, some alcohol-related allegations may be treated differently, including alcohol consumption by a person on probation for felony OWI.
If a testing device or facility created a problem, document it immediately.
Useful evidence may include:
Screenshots
Photographs
Error messages
Receipts
Phone records
Testing-company communications
Medical records
Proof of attempted testing
Missing an appointment may result in a probation-violation allegation.
The circumstances matter.
For example:
Was the appointment properly scheduled?
Was notice received?
Was there a medical emergency?
Did work create a legitimate conflict?
Did transportation fail?
Did the probationer attempt to contact the officer?
Is there documentation?
A legitimate explanation does not automatically eliminate the violation, but supporting evidence can be important.
Michigan law generally requires a probationer to obtain the court’s consent before leaving the state.
People often make the mistake of assuming that:
Work travel
Family emergencies
Vacations
Weddings
Business meetings
automatically create an exception.
They do not.
If travel is necessary, determine whether court approval is required before leaving Michigan.
A no-contact violation can be particularly serious.
Michigan’s technical-violation statute specifically excludes violations of certain court orders requiring no contact with a named individual from the definition of a technical probation violation.
That means the allegation may carry greater consequences than an ordinary missed appointment or testing issue.
Do not contact the person simply because:
They contacted you first
They say they want contact
You share children
You need to retrieve property
You believe the order is unnecessary
The written order remains controlling until the court changes it.
Michigan law defines absconding as the intentional failure to report to the supervising agent or advise the supervising agent of the probationer’s whereabouts for a continuous period of at least 60 days.
Absconding is specifically excluded from the definition of a technical violation.
That makes it more serious than an ordinary missed appointment.
A strong probation-violation defense begins by determining what actually happened.
Important questions may include:
What does the probation order require?
What exactly does the violation report allege?
Is the violation technical or nontechnical?
Is the allegation factually accurate?
What documentation exists?
Is this a first or repeat violation?
Was the probationer given proper notice?
Is there a reasonable explanation?
Has the probationer otherwise complied?
Is treatment more appropriate than incarceration?
Does the alleged violation involve a separate criminal case?
Potential defense strategies may include:
Challenging whether a violation occurred
Challenging unreliable testing
Presenting proof of compliance
Correcting inaccurate probation records
Providing medical or employment documentation
Presenting treatment progress
Developing mitigation
Seeking continued or modified probation
Challenging the evidence at a contested hearing
The strategy depends on the allegation.
The possible outcome depends heavily on whether the violation is technical or nontechnical, the probationer’s history and the underlying offense.
Possible outcomes may include:
Continued probation
Modified probation conditions
Additional testing
Treatment
Counseling
Extended probation where legally permissible
Temporary jail sanctions
Revocation of probation
Resentencing
If probation is revoked, Michigan law permits the court to sentence the probationer as it could have at the time of the original sentencing, subject to applicable law.
Probation-violation proceedings can move quickly.
If a probationer is being held in custody, Michigan court rules generally require a prompt hearing and impose limits on how long the person may remain detained pending the violation hearing.
Early preparation may allow counsel to:
Obtain the violation report
Review the probation order
Gather testing records
Secure medical documents
Obtain employment records
Verify treatment participation
Identify witnesses
Address a pending warrant
Prepare mitigation
Determine whether a contested hearing is appropriate
The goal is to understand the allegation before walking into court.
Matthew Fraiberg has practiced Michigan criminal law since 1997.
Several practical themes repeatedly matter.
If you believe you complied, prove it.
Save:
Testing records
Appointment confirmations
Treatment records
Pay stubs
Work schedules
Medical records
Emails
Texts
Travel documentation
A clear record is more useful than trying to reconstruct events months later.
The court may consider the person’s broader probation history.
A person who has completed counseling, consistently tested negative, maintained employment and complied for months may present a very different situation from someone with repeated violations.
When the alleged violation is based on a new arrest, the probation case and the new criminal case should not be treated as unrelated matters.
A probation violation rarely becomes easier because someone avoided court or stopped communicating.
Early attention provides more opportunity to understand and respond to the allegation.
No. Jail is possible, but it is not automatic. The result depends on the type of violation, prior history, underlying offense and circumstances.
Generally, yes. Michigan law specifically includes missing or failing a drug test within the definition of a technical probation violation, subject to statutory exceptions.
Generally not solely for a first ordinary technical violation. Michigan law places restrictions on revocation for technical violations, subject to important exceptions.
Yes. Michigan court rules provide a right to counsel during probation-violation proceedings.
The prosecution must prove a probation violation by a preponderance of the evidence.
Yes. A probationer has the right to contest the allegation, present evidence and examine or cross-examine witnesses.
Potentially. A new criminal-law violation is not categorized as an ordinary technical violation, and the probation court may address the allegation under probation-violation procedures.
Generally only with the court’s consent.
The court may issue a warrant and the failure to appear can make the situation more difficult.
Understand the allegation and your legal rights before making statements that may affect the violation proceeding or a separate criminal case.
Fraiberg & Pernie represents individuals facing probation violations and criminal allegations throughout Southeast Michigan.
Matthew Fraiberg has practiced Michigan criminal law since 1997.
His background includes:
Former City Prosecutor
Former Judicial Clerk
More than 28 years of criminal-defense experience
Probation-violation representation
Felony and misdemeanor defense
OWI and DUI defense
Experience in Oakland, Wayne and Macomb County courts
The firm’s approach focuses on:
Reviewing the probation order
Examining the violation report
Determining whether the allegation is technical or nontechnical
Reviewing testing and other evidence
Presenting mitigation
Protecting the client’s freedom
Coordinating defense of new criminal allegations
Preparing for contested hearings when necessary
Fraiberg & Pernie represents individuals facing probation violations throughout:
Oakland County
Wayne County
Macomb County
Birmingham
Bloomfield Township
West Bloomfield
Troy
Rochester Hills
Farmington Hills
Novi
Canton
Livonia
Westland
Other Southeast Michigan communities
Matthew Fraiberg
Michigan Criminal Defense Attorney
Former City Prosecutor
Former Judicial Clerk
Practicing Michigan criminal law since 1997
Fraiberg & Pernie
If you are accused of violating probation, determine exactly what the court says you did before assuming the outcome.
Review:
The probation order
The alleged violation
Whether it is technical or nontechnical
Your prior violation history
Testing records
Treatment records
Employment or medical documentation
Any new criminal allegations
Whether a summons or warrant has been issued
Then prepare for the hearing based on the evidence and applicable Michigan law.
Fraiberg & Pernie represents individuals facing probation-violation allegations throughout Oakland County, Wayne County, Macomb County and Southeast Michigan.
Call (248) 986-2682 for a confidential consultation.
This page provides general educational information and does not create an attorney-client relationship. Michigan probation law contains important exceptions, and every case depends on the underlying offense, probation order, violation history and individual circumstances.
Call 248-986-2682 to protect your record, your license, and your future.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Attorney Reviewed August, 2026
Michigan Criminal Defense Attorney
28+ years experience
Firm: Fraiberg & Pernie
Practice Area: Criminal Defense, DUI / OWI
Jurisdiction: Michigan
Counties Served: Oakland County, Wayne County, Macomb County
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