Minnesota Probation Violations (Explained)

Often as part of every criminal sentence meted out by a judge - for a misdemeanor, gross misdemeanor and felony plea - is the prospect of being placed on Probation.  In my opinion, the system would want one to believe that this is a type of leniency that allows a convicted individual to remain in or re-enter society.  But, as anyone who has ever been placed on probation - there's often nothing too easy abou it.

Generally speaking, defendants may be sentenced only to a probationary term or probation may be granted after some time in custody has been served.  If someone is place on probation, that person is often supervised by an agent - who is employed by the corrections system.

If you receive notice of a Probation Violation, or even if you just think you may have violated your probation but have not yet been suspected or accused of it, you should quickly contact an experienced Minnesota Probation Violation Defense Attorney.

Probation Violations (Defined)

Because Probation is a form of leniency, it can be revoked at any time.  This often is the case when someone violates the terms of the probation sentence laid out by the judge.  A few examples of such violations includes:incurring a new criminal charge, failing to submit to or failing a drug/alcohol test, moving - without informing your agent, missing a scheduled probation meeting, and/or failing to appear for court.

If You've Violated Your Probation

If you are suspected of committing a violation, you'll often receive notice of it and be ordered to appear in court.  At a violation or Probation revocation hearing, the court will determine whether the violation actually occurred and then you'll be asked if you admit or deny the violation.  If you deny it, the government must put forth evidence showing that it is more likely than not that you in fact did fail to follow the court's order.  You'll also have a chance to put forth your own evidence.  Then, the judge decides if that burden is met. 

Probation Violations (Consequences)

If you're found to have violated your probation, there are a number of possible outcomes - good and bad, such as: continuing the probation without punishment for the violation,  modifying the conditions of the probation or extending the length of probation,  revoking the probation and executing the stayed (ie., suspended) jail sentence hanging over the violator's head. This basically means that your original sentence would be re-activated.

Probation Violations Defenses

Since the burden of proof is much lower at a Probation Violation hearing than at trial, it is very important that you be represented an experienced Minnesota Criminal Defense Attorney.  Often the best defense is no defense at all; rather, I've found that my best successes come when working with the government's lawyers to arrive at an agreement that elevates the need for a hearing and/or the harshest of consequences. Even if your violation stems from a new criminal offense, not only can I fight to win you a dismissal or acquittal on those charges - I can also work to ensure that the new sentence runs concurrently with (and not consecutively to) the probation sentence.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have make a few, isolated mistakes while on probation should have the opportunity to not have that error to lead to the ultimate consequence.  If you feel as though what you've read here applies to you, contact an experienced Minnesota Probation Violation Hearing Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your slip doesn't continue to hinder your future.

Minnesota Probation Violations (Explained)

Probation violations are particularly serious situations - and could lead to greater consequences than the initial sentencing imposed by the court. Really?

How Does This Work?

Generally speaking, after you've been sentenced by a judge, you can be summoned  back into court (or arrested for as much) to answer an allegation that you've violated a term of that sentence. The initial inquiry will then be whether you admit or deny the allegation.  In such cases, especially if you are unaware of the consequences the government would be seeking if you admitted and/or are found to have violated your probation, you should probably enter a denial and evoke your right to a hearing and (if you haven't already done so) contact a Minnesota Criminal Defense Attorney to assist you in your defense. 

As with my earlier admonition that just because you've been charged with or cited for an offense it does not automatically mean that you will automatically be found guilty of it - the same goes for an allegation that you've violated your probation. 

The Hearing

If you deny the allegation you will be afforded a hearing to put forth your case (and/or possibly negotiate a favorable outcome with the government.)  Unlike with the initial inquiry, which was most interested in whether you actually committed the underlying crime for which your were sentenced, the only relevant issue at a Probation Violation Hearing is whether or not you violated a general or special condition imposed by the judge at the original sentencing. As such, the government is only tasked with presenting evidence that you violated the terms of your probation - by doing (or not doing) something you were ordered to.  

If you are found to have violated the terms of your probation - the worst case outcome is that the judge could seek to revoke your probation and cause you to serve any unexecuted portion of the sentence originally imposed. However, the judge also has the discretion to stay the revocation of your probation -but in turn he will likely order you to comply with some new conditions and suffer some new consequences.

What Should You Do

The consequences you could be facing - when it comes to a probation violation - can be quite steep. As an example, let's say you plead guilty to a Drunk Driving and received a sentence of a year in jail; however, instead of that full year, the judge only imposed a small amount of that time (say 30 days) staying and/or suspending the other 335 days on certain terms and conditions. Then, it is alleged that you failed to fully comply with those terms. If that is ultimately found to be true - by the judge, you could be (worst case scenario) ordered to serve the 335 days originally held over your head. 

For these reasons it is absolutely imperative that if you are charged with violating probation that you have an experienced and knowledgeable Minnesota Probation Violation Attorney on their side - to work with the government to ensure that that worst case scenario does not come into being.  Often, something can be worked out to preserve your original deal and/or lessen the ultimate consequence you might face if the violation is proven.  Therefore, if you're being summoned into court to answer for such a violation - talk to a pro who can make the right case for you.

Do Not "Just Plead Guilty" to a DWI - Ever

There are things you regret in life, right?  Lost loves; great deals gone bye-bye, that time you should've zigged - but instead you zagged...  I am all for feeling down about the dumb things we do. The fact is we're human beings (as opposed to robots) and from time to time we will do dumb things - a lot of dumb things - and afterwards we often feel bad about it.  That being said, if that dumb decision leads to you being charged with Drunk Driving, don't compound the situation by doing something even dumber. Seriously, if you've been charged with a DWI (or any other crime) you owe it to yourself to speak with an experienced Minnesota Criminal Defense Attorney to help you with the situation. Here's the reason why.

A DWI conviction is unlike every other criminal conviction. There is no doubt that Drunk Driving is a bad thing, but so is driving while texting. But, because DWI has been saddled with such a negative connotation, lawmakers have created some extremely harsh penalties. For example, there are often mandatory jail sentences for first-time offenders, in addition to mandatory fines, license suspensions, increased insurance rates, and as of July 1, 2011, (here in the State of Minnesota,) the possibility of mandatory interlock ignition equipment. You'll also most likely be ordered to perform some sort of community service, submit to a mandatory alcohol assessment (and to follow all of the recommendations that come from it) and there is often a probationary term. If you hire an experienced Minnesota Drunk Driving Attorney, like me, to help you, a great deal of that can usually be avoided.

Alas, far too many people assume that because they've been arrested (for doing something "wrong"), they should own up to it. No offense, but if you do that, you're foolish.

In our state's criminal courts it's the government's burden to prove that the accused is guilty - beyond a reasonable doubt. That is a right that our forefathers fought for - why not use it?  If you go into court, believing that your doing the "right" thing by just pleading guilty - and expecting the system to understand - I'm sad to say, it just doesn't work like that.

What you get for your trouble is a DWI on your record -and everything that goes along with it. But, if you taken the time to hire an experienced Minnesota DWI Attorney and set him to go to work for you - you'll have someone on your side giving your desires a voice and you'll know that your rights will be protected.

In the end, we all get to make our own decisions - we all get to make our own mistakes. But every hard lesson need not come with the most severe punishment  Being altruistic, falling on your sword to show you take responsibility for what you've done, doesn't really win you any points with anyone. All it does is make your life harder.

If you are charged with a DWI, don't just go in and just plead guilty. Hire an experienced Minnesota DWI Attorney as soon as you can, and fight for your rights. Not only does this decision help you have some say in the punishment you'll receive, it will also demonstrate that in fact you are taking this matter seriously.