Probation Violation Jail Time

Summary

Probation violations in Michigan, particularly those involving drugs, can result in severe penalties, including extended jail time. The user was on probation for a misdemeanor and violated terms by testing positive for marijuana, alcohol, and fentanyl. Despite attending community service and following up with a probation officer, the user was sentenced to 120 days in jail for the first violation. The user did not have legal representation during the hearing and missed the appeal deadline for the termination of parental rights. Seeking legal advice from a criminal defense attorney is recommended.

Full Conversation

I was on probation 5 days for a misdemeanor was it legal for me to go to jail for 120 days for a violation
What was the nature of the violation that led to the extended jail time?
dirty drop
What substance was found in your system during the drug test? In Michigan, probation violation penalties can vary based on the severity of the violation.
Marijuana, alcohol, fentanyl
In Michigan:

- Marijuana is legal for recreational use.
- Alcohol is legal with restrictions.
- Fentanyl is illegal without prescription.

Violation of probation with these substances can lead to jail time.
but 120 days for a first violation
What were the terms of your probation? In Michigan, violation of probation terms can lead to severe penalties, including extended jail time.
drop attended community service follow up with probation officer
What was the frequency of your drug tests as per your probation terms? In Michigan, violation of probation terms, especially drug-related, can lead to severe penalties.
* times a week
In Michigan, failing a drug test while on probation, especially multiple substances, can lead to severe penalties, including extended jail time.
but I heard I should have never went to jail for four months for my first violation
What was the exact term of your probation regarding substance use? In Michigan, probation violation penalties can be severe, especially for drug-related offenses.
dont use
In Michigan, violating probation terms, particularly substance use, can lead to severe penalties, including jail time. Did you have a legal representation during your hearing?
No
Did you receive a notice of your rights to legal representation before your hearing? In Michigan, you have the right to an attorney in probation violation hearings.
i went to jail and they took away my bond I was there 20 days before a hearing
Did you request for a public defender or any legal representation during your hearing? In Michigan, you have the right to legal representation in probation violation hearings.
Can a judge terminate my parental rights if I just got out of jail and a month later say I wasnt cooperating when I was and terminated my rights
What was the reason given for the termination of your parental rights?
Foster worker said I was cooperating but intensive outpatient services said other wise
What was the specific reason given by the intensive outpatient services for stating that you were not cooperating?
Can a judge terminate my parental rights if I just got out of jail and a month later say I wasnt cooperating when I was and terminated my rights
What steps have you taken to regain your parental rights since they were terminated?
I was attending my intense of outpatient I completed what needed to be done
What is the current status of your case? Have you appealed the termination of your parental rights?
They said I missed the deadline line I had to reach out to ny attorney a week after rights were terminated after I emailed her July * * court was July * * and I I didn’t hear back from her
Did you receive any written notice about the deadline to appeal the termination of your parental rights?

In Michigan, you generally have 21 days to appeal a termination of parental rights.
a week after termination of rights
What was the date of the termination of your parental rights?
July 11th
What was the date you reached out to your attorney to appeal the termination of your parental rights?
July *
Based on the information provided, it seems you missed the *-day appeal deadline in Michigan. However, it's crucial to consult with a legal professional for advice tailored to your situation.
My lawyer was aware because I reached out to her the day of court
Did your lawyer provide any reason for not responding to your appeal request in time?
no
What actions have you taken since discovering your lawyer did not respond in time?
i kept trying to appeal
What is the current status of your appeal?
they said it wasn’t turned in with the court of appeal and only for friend of court
What is the "Friend of the Court" and how is it involved in your case?
thats the court that terminated my rights
What is the name and location of the court that terminated your rights?
friend of court Lansing mi
The Friend of the Court in Lansing, MI is located at * W Kalamazoo St, Lansing, MI *. You can reach them at (*) *-*.
tes
What is the current status of your relationship with your child(ren)?
they live with my mom and is ok
What steps are you taking to maintain a positive relationship with your child(ren) while they are living with your mom?
what other steps could I take I missed the deadline for appeal
Have you considered filing a motion to set aside the judgment due to your attorney's failure to file the appeal on time?
she Wasn’t my attorney after my case was closed
What actions have you taken since discovering that your case was closed and she was no longer your attorney?
nothing’
What is the reason you haven't taken any action since discovering your case was closed and she was no longer your attorney?
i tried to get a count appointed attorney, I was denied
Why were you denied a court-appointed attorney? In Michigan, you have the right to an attorney in cases involving termination of parental rights.
Non-indigent
What is your current financial situation? Are you able to afford a private attorney?
no can’t afford one
What steps have you taken to seek free or low-cost legal aid in your area? In Michigan, there are organizations like Michigan Legal Help and Legal Services of South Central Michigan that may be able to assist.
they couldn’t help ither
What was the reason given by these organizations for not being able to assist you?
that my spouse makes to much money from his job
What is your spouse's stance on this matter? Are they willing to help with the legal expenses?
we Wanna know what other actions we can take
What is the current status of your relationship with your spouse?
ugh ????
I'm sorry to hear about your situation. Have you considered seeking advice from a family law attorney to explore other potential options for regaining your parental rights?
can u ask a different question
What type of communication have you had with the foster worker since the termination of your parental rights?
i
What specific actions did the intensive outpatient services claim you did not take, leading to their report of non-cooperation?
can I ask a different question
Of course, feel free to ask your question.
what can I do if they said my order has expired and they can not except anything else
What type of order are you referring to that has expired?
Termination appeal
What was the duration of the termination appeal order that has now expired?
august * *
What actions have you taken since the expiration of the termination appeal order?
i don’t know what to do I’m asking you
What was the reason given for the expiration of your termination appeal order? In Michigan, you generally have 21 days to appeal a termination of parental rights.
i wasn’t present in court but I reached out to my lawyer the 3rd to arrange a meeting so she could understand achievements I made
What was the outcome of your meeting with your lawyer?
she never called or met up
What actions have you taken since your lawyer failed to respond or meet up with you?
I didn’t know what to doo
What is the current status of your relationship with your child(ren)?
good
What type of visitation rights do you currently have with your children?
none they terminated my rights and fathers
What was the reason given for the termination of both your and the father's parental rights?
they said we will be noncompliant that there hasn’t been any change, but our counselors says the service we were being complying with they says otherwise they were confused as well and reached out to FosterCareWorker without a response
What specific changes were the court expecting you to make that they claim you didn't comply with?

In Michigan, termination of parental rights can occur if the court determines it's in the child's best interest and parents failed to provide proper care or custody.
continue intensive outpatient and counseling
What specific issues were you addressing in your intensive outpatient and counseling sessions?
I was addicted to narcotics
What steps have you taken towards recovery from your addiction?
all
What is your current status in terms of addiction recovery and are you still attending counseling sessions?
yes I am
What is the frequency of your counseling sessions and how long have you been in recovery? In Michigan, demonstrating a commitment to recovery can be a positive factor in cases involving parental rights.
Every week for counseling and classes were 4 days a week
How long have you been maintaining this schedule of counseling and classes?
6months
What is the name of the counseling center you are attending for your recovery?