Your case is far from over once you walk out of the court with a conviction under your belt. You will often be placed on probation, which is continued supervision by the court system. Violation of that probation can land you in jail or prison.
A probation violation occurs when someone has been put on probation and they fail to comply with any single condition of their probation. The probation officer (PO) has the option of bringing the violation to the court’s attention. When this happens, a hearing is set for you to appear and answer to the allegations before a judge. You may be able to walk in to the hearing or a warrant may be issued for your arrest. Either way, a violation on your record can bring serious consequences now and in the future.
What are conditions of probation?
The specific conditions of your probation are determined both by the judge when you are placed on probation and by your PO. They are different in each case.
Some standard conditions of probation include:
Having no similar offenses
Obey all laws and orders of the court
Reporting on a regular basis to your PO
Being truthful with your probation officer
Reporting any arrest immediately to your PO
Not leave the State of Minnesota without your PO’s permission
Not own, possess or use a firearm (if on probation for a felony offense)
Some common offense specific conditions of probation include:
Attend anger management classes
Comply with a no contact order
A certain amount of jail time
Remain free of drug / alcohol use
Random drug / alcohol screenings
What are the sanctions for violation of probation?
If any of these conditions are not followed during the probationary period penalties can be imposed, making your journey through the legal system an even longer one. If you admit to the violation or the court finds you in violation, you may have to serve additional jail time or your entire original sentence may be executed. Additionally, the judge can impose fines, more conditions or longer periods of probation, and any other penalty the judge sees fit.
Admit-Deny Hearing & Evidentiary Hearing
You will be asked by the court if you want to admit or deny that you have violated your probation. If you go ahead and admit the violation the judge will consider and then impose consequences. Here, mitigating factors, those in your favor, can be presented to the judge to influence the sanction. This is best done by a Minnesota probation violations attorney who knows what to ask for and how to push for the best outcome, making your life easier.
If you deny that you violated your probation, then an evidentiary hearing will be held. This is a hearing before the judge in which evidence that you did or didn’t violate your probation is presented. If it is found that you did violate your probation, a penalty will be imposed. If the court finds that you didn’t violate your probation, you will continue on as you have for the remainder of your probation.
Before you ever admit or deny anything, you need to speak with an attorney first. There are consequences for each and you need the proper advice and representation of an attorney who knows the probation violation laws in Minnesota. Only then can you make the right decisions regarding your case.
Minnesota Criminal Lawyer
Facing a probation violation on your own can be difficult and lead to dangerous consequences. If you or someone you know has been accused of violating probation, it is important to speak with a skilled defense lawyer. With aggressive representation by your side you can receive the best possible outcome. The attorneys at Sieben Edmunds know the latest Minnesota laws and have the experience that you need to protect your rights and help you move on with your life.