A criminal court may sentence you to jail or prison if you’re convicted of committing an offense. Alternatively, the judge may place you on a term of probation. Probation requires the criminal defendant to follow several terms and conditions over a specific period. Failure to adhere to probation requirements could result in significant penalties for probation violations.
Read on to know more about probation violation charges and who to contact if you’re faced with probation violation charges in Minnesota or North Dakota.
Common Probation Requirements
Probation requirements vary from one individual to another. In most cases, terms and conditions of probation are based on the type of crime, the defendant’s criminal record, facts of the case, and personal circumstances. Here are the common terms and conditions of probation:
- Fines or restitution
- Remain law-abiding
- Not to commit similar offenses
- Being employed
- Remain in contact with your probation officer
- Community work service
- Not to leave your state without the probation officer’s permission
- Not to use alcohol and drugs
- Go for regular drug tests
- Attend alcohol and drug programs
- Not to drive
- Wear an electronic monitor
- Not to possess or use a firearm
- Stay away from certain people
- Police to search you or your property at random
- No access to the internet
- Not to use sexually explicit materials
- Not to contact certain people
- Complete school
Most defendants find it difficult to abide by these and more requirements, and with time, they violate them, resulting in probation revocation. Now that you know the common probation requirements, let’s look into the common reasons that could result in probation violations and probation revocation.
Probation Violations
Defendants may violate their probation requirements in different ways. Below are actions that could result in probation violation:
- Committing a new crime: One of the basic probation terms dictates that you should not commit another crime. Whether a major or minor criminal offense, you’ll be considered to have violated your probation.
- Failure to attend a court hearing: During your probation, you may be required to appear for further court hearings to review your progress. Failure to attend a court hearing is tantamount to a probation violation.
- Missing an appointment with your probation officer (PO): Supervised probation requires the defendant to report to a PO on a regular schedule. The PO has the right to report you to the court for violating a probation requirement.
- Failure to pay fines or restitution despite having the ability: Some crimes require the judge to order for payment of fines or restitution. If you fail to pay despite having the capability, you could be charged with a probation violation.
- Failing a drug test: Depending on the crime, a judge may require you to remain sober and order you to go for regular drug tests with your probation officer. If you fail a drug test, your PO can report you for probation violation.
- Traveling outside a state without informing your PO: Probation requires the defendant to remain within a state for supervision. You must inform your probation officer when traveling outside a state. If your probation officer realizes you have traveled outside your state, he can report you for probation violation.
Probation Violation Hearings
After violating the conditions of probation, the defendant might be summoned to court. A judge can also issue a warrant and authorize your arrest. Below are the steps followed in a probation violation hearing:
Admit/Deny Hearing
This is the first stage of a probation violation hearing. During an admit/deny hearing, you can admit or deny the allegations. Before admitting, be sure to bring in a professional criminal defense attorney to help you through. A lawyer may look into your case differently and help you move on to the next stage of the probation violation hearing.
Morrissey Hearing
A Morrissey Hearing (also known as a contested probation violation hearing) involves a judge examining the evidence from both sides to determine whether you violated your probation’s conditions. Before a Morrissey Hearing, the court conducts a probation violation hearing. The probation violator can admit or deny the allegations in this hearing.
A Morrissey Hearing comes in when you deny the allegations. During this session, the court receives a report containing the allegations and the recommended sanctions.
During a Morrissey hearing, the defendant has the right to do the following:
- Present evidence
- Call witnesses
- Present extenuating circumstances leading to probation violation
- Testify
- Examine the prosecution’s evidence
- Challenge the prosecution’s evidence
- Criminal defense attorney representation
If you’re found guilty, you may face the following consequences:
- Probation revocation
- Continuation of your probation with extra penalties
- Judge requesting jail or prison time
Why Should You Hire a Probation Violation Lawyer?
Handling probation violation cases on your own can be daunting and frightening, especially if you don’t have any experience in matters of criminal law. Luckily, a criminal defense lawyer can successfully help you navigate court hearings before going to jail or prison.
Ensure you enlist an experienced, dedicated criminal defense attorney capable of providing exceptional representation. At CJB Law, we can help you through your probation revocation and probation violation charges if you’re in Minnesota or North Dakota.
Our team of dedicated and widely recognized attorneys throughout Minnesota and North Dakota. By contacting us, you can rest assured of having an experienced legal professional offering the legal support you need. So, what are some of the benefits of hiring a CJB Law criminal defense lawyer?
Free Case Evaluation
Working with CJB Law guarantees you a free case evaluation. You can contact us for free and present your case to one of our criminal defense lawyers for review. The lawyer will explain the probation violation allegations you’re facing and guide you on the next step to take.
If you need the help of a legal professional, the attorney will plan how to protect your interests. That means your lawyer will do all the heavy lifting to ensure you win the case and prevent you from getting sentenced to jail or prison.
Sound and Trusted Legal Counsel
Working your way through the probation violation hearings can be an uphill task.
With exceptional legal counsel from a professional lawyer, you find it easy to go through probation hearings. A CJB Law attorney will provide sound and trusted legal counsel and help you reach effective outcomes.
Aggressive Defense
Sometimes, all you need is an aggressive defense to win a case in a probation violation hearing. With CJB Law, you’ll work with a stellar team with a remarkable track record after handling multiple cases. Your criminal defense attorney will be aggressive when representing you in a court hearing to ensure you get the best results.
Probation Violation Lawyers a Call Away
Are you facing a probation violation and need help from a criminal defense attorney? CJB Law’s team of dedicated and experienced criminal defense attorneys has you covered. Contact our legal team today and we’ll evaluate your case for free.