Probation is a system used in the criminal justice process where an offender remains in the community under certain conditions instead of serving time in jail or prison. This system aims to monitor individuals and help them reintegrate into society. Probation can include various conditions like meeting regularly with a probation officer, attending counseling or rehabilitation programs, and avoiding certain people or places.
5 common probation violations
We often help clients with the following:
- Failing to report to a probation officer
- Failing a drug or alcohol test
- Committing a new crime
- Leaving the state without permission
- Not completing required programs
Like many other states, violating probation in Minnesota usually involves serious consequences.
The consequences will vary
The penalties can vary based on the nature of the new crime, the original offense and other circumstances. Common measures include:
- Probation revocation: This means that the individual could serve the original jail or prison sentence that was suspended.
- Extended probation: Instead of revoking probation, the court might extend the length of the probation period or impose additional conditions.
- Additional charges: The person will also face penalties for the new crime, including fines, jail time or other legal consequences.
- Modification of probation terms: The court might modify the terms of probation, such as requiring more frequent check-ins with a probation officer or mandating participation in additional programs.
Legal representation can help navigate the complexities of the legal system and work towards minimizing the potential penalties.
A contested hearing allows you to dispute the alleged violations
If the authorities accuse you of violating your probation, you have the right to defend yourself at a contested hearing. An attorney can build a defense by collecting proof that you did not violate probation, that there was a misunderstanding or you had valid reasons for your actions. The lawyer can also represent the accused in court, arguing their case and negotiating with the prosecution.
