It is generally understood that the prosecution must establish a criminal defendant’s guilt beyond a reasonable doubt to obtain a conviction. In determining whether a person violated the terms of supervised release, however, the prosecution faces a lesser burden of proof. In a recent ruling, a Michigan court discussed what evidence is sufficient to demonstrate that supervised release should be revoked due to a violation in a case in which the defendant appealed the trial court’s ruling. If you are accused of violating the conditions of your supervised release, it is in your best interest to speak to a Michigan criminal defense attorney about your options.
The Alleged Violations
It is alleged that the defendant pleaded guilty to numerous crimes in 2015, for which he was sentenced to sixty months in prison, followed by a three-year term of supervised release. He was released from prison in May 2019, and his term of supervised release began. In December 2019, a probation officer filed a petition for revocation of the defendant’s supervised release, alleging he committed six different violations, one of which was an assault. He was then charged with robbery and weapons crimes, which prompted the probation officer to amend the petition to include a seventh violation arising out of those offenses.
It is reported that the court held a two-day hearing, during which the court relied in part on the testimony of eyewitnesses who identified the defendant at the scene of the crime and in court to establish the defendant’s violation. The court granted the petition, and the defendant appealed. Continue Reading ›