School Bus Stop-Arm Ticket (Hennepin County)

 
A violation that I - both as a prosecutor and an experienced Minnesota Criminal Defense Attorney - get tons of questions about concern those little yellow school busses and their stop-signs.

Well, according to Minnesota law, when a school bus is stopped on a street or highway and is displaying an extended stop-signal arm and flashing red lights, an individual approaching the bus, in his/her vehicle, is required to stop within at least 20 feet of said bus.  Then, the driver must not move their vehicle until the school bus stop-signal arm is retracted and the red lights stop flashing. Failure to do so is a crime.

It is also illegal to pass (or attempt to pass) a school bus on the right-hand, passenger-door side of the bus while the school bus is displaying the "pre-warning" flashing amber signals.

What You Need to Know

Anyone who who fails to stop a vehicle while a school bus has its stop-arm extended is guilty of a misdemeanor punishable by a minimum fine of $300.

However, that same person could be convicted of a Gross Misdemeanor if they fail to stop their motor vehicle and commit either or both of the following:

• Passing or attempting to pass the school bus in a motor vehicle on the right-hand, passenger-door side of the bus
• Passing or attempting to pass the school bus in a motor vehicle when a school child is outside of and on the street used by the school bus or on the adjacent sidewalk.

The law is harsh in these settings because the lives of children in danger. Therefore, police and prosecutors take these crimes very seriously. As such, you should, if you ever find yourself charged with illegally passing a school bus, should talk with an experienced Minnesota Traffic Attorney . The Rolloff Law Office can walk you through the steps of your case and plot a course for successful defense.  Call today to set up a FREE CONSULTATION: (612) 234-1165

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.