Violation of Probation Terms (Michigan Diversion Program)

[Idungoofed]

What is the name of your state (only U.S. law)? Michigan


My cousin got caught with Marijuana in his dorm last year and was arrested. He went though the diversion system and was sentenced to 6 months of probation and 40 hours of community service. (there were no police involved and he got no charges on his record) Now he is in month 5/6, and has dropped clean on all previous tests and has completed about 80% of his community service, but he failed his most recent test (for a drug more serious than marijuana). What will happen to him most likely? I've posted here because I see answers ranging from 1 month extra + some extra comunity service, to a full out repetition of his sentence.


If it helps, he's 21 has no priors (anything not even a parking ticket), and he was caught with a minute amount of cannabis.

EDIT: more research shows that it could result in going on his record. However, in terms of punishment/testing I would still like to know what exactly he could be facing.

 

[justalayman]

I've posted here because I see answers ranging from 1 month extra + some extra comunity service, to a full out repetition of his sentence.

or reinstatement of the original charges which could result in the imposition of whatever penalties are available for the given charge.



no way to guess what will happen to him. Pretty dumb to kick a gift horse in the mouth though.

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan


My cousin got caught with Marijuana in his dorm last year and was arrested. He went though the diversion system and was sentenced to 6 months of probation and 40 hours of community service. (there were no police involved and he got no charges on his record) Now he is in month 5/6, and has dropped clean on all previous tests and has completed about 80% of his community service, but he failed his most recent test (for a drug more serious than marijuana). What will happen to him most likely? I've posted here because I see answers ranging from 1 month extra + some extra comunity service, to a full out repetition of his sentence.


If it helps, he's 21 has no priors (anything not even a parking ticket), and he was caught with a minute amount of cannabis.

EDIT: more research shows that it could result in going on his record. However, in terms of punishment/testing I would still like to know what exactly he could be facing.

Can you pleases explain the bolded more thoroughly? How were there no police involved if he was sentenced to do drug tests and community service? Was this a University punishment rather than a criminal case?

 

[quincy]

What is the name of your state (only U.S. law)? Michigan


My cousin got caught with Marijuana in his dorm last year and was arrested. He went though the diversion system and was sentenced to 6 months of probation and 40 hours of community service. (there were no police involved and he got no charges on his record) Now he is in month 5/6, and has dropped clean on all previous tests and has completed about 80% of his community service, but he failed his most recent test (for a drug more serious than marijuana). What will happen to him most likely? I've posted here because I see answers ranging from 1 month extra + some extra comunity service, to a full out repetition of his sentence.


If it helps, he's 21 has no priors (anything not even a parking ticket), and he was caught with a minute amount of cannabis.

EDIT: more research shows that it could result in going on his record. However, in terms of punishment/testing I would still like to know what exactly he could be facing.

Was it your cousin who told you no police were involved? Arrests are made by the police. The diversion program is offered through state courts.

To be eligible for the diversion program, the marijuana offense would have been a misdemeanor and, if your cousin violated the terms of the program during the probationary period (e.g., re-offending), the misdemeanor can be entered by the court.

With a misdemeanor conviction, jail is not outside the realm of possibilities - leaving your cousin with a criminal record and all of the problems that come with that (student loan denials, scholarship denials, entry to Canada barred, higher insurance rates, higher interest rates, greater difficulty finding employment...).

What county was your cousin arrested in? This often makes a difference in what is likely to happen.

Whatever the case, your cousin would be smart to find an attorney in his area for a review of the facts.


(I just noticed your user name - was it your cousin who dun goofed, or were you the one who dun goofed by violating the terms of probation?)

 

[Ohiogal]

He can also face charges for the drug for which he tested positive.

 

[quincy]

He can also face charges for the drug for which he tested positive.

Right. And the diversion program is only offered for a first offense in Michigan. He faces not only having the misdemeanor from his first offense entered due to his violation of the probationary terms, but he faces fines and jail time with a second misdemeanor conviction.

He is not in a pretty position right now.

 

[Idungoofed]

Can you pleases explain the bolded more thoroughly? How were there no police involved if he was sentenced to do drug tests and community service? Was this a University punishment rather than a criminal case?

The police arrested him, but the diversion program is done by an outside source. There were no charges formally filed on his record (or completion would expunge it, if i'm using that term correctly). Anyway, he went in and talked to them and apparently they're giving him another chance. Normally they wouldn't do this, but since he's almost done...they said they'd let this one and only this one slide.

 

[quincy]

The police arrested him, but the diversion program is done by an outside source. There were no charges formally filed on his record (or completion would expunge it, if i'm using that term correctly). Anyway, he went in and talked to them and apparently they're giving him another chance. Normally they wouldn't do this, but since he's almost done...they said they'd let this one and only this one slide.

The first offense is discharged and dismissed upon satisfactory completion of the terms of the diversion program. To be eligible for the program, an offender must plead guilty to the original charges and, if probation is violated, it is at the court's discretion whether to enter the guilty plea or not, thus leaving the offender with a misdemeanor on his criminal record and no opportunity for another chance at diversion for any subsequent offense.

Your cousin may be going through a university program or a drug court but, whatever the case, he was lucky that a drug test that showed drug use more serious than marijuana is resulting in no additional charges. Most offenders who re-offend will, at the very least, have their probationary period extended and additional conditions added on to the terms of probation.

You might let your cousin know that he is lucky. His history of drug use and abuse has potentially already limited his future employment opportunities, as even charges that are dismissed must be reported on some employment applications. Any further drug use could limit these opportunities even more.