Probation Violation

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Did you or someone you know allegedly violate probation or conditional release in Minnesota?

Probation is a period of state supervision that courts usually impose following a person’s conviction or guilty plea. The individual is subject to certain conditions during probation, and while their statutory and constitutional protections may be diminished, individuals on probation still hold and can exercise significant rights.

Specific conditions of probation vary from case-to-case, but always require the individual to remain law abiding and not commit any additional crimes. Conditions can, depending on the case, require an individual to attend chemical dependency or sex offender treatment, therapy and counseling, stay drug/alcohol free, submit to random testing for the use of alcohol and drugs, complete community service/sentence to service, pay restitution, pay a fine, and more.

If your probation agent believes you’ve violated the terms of your probation, they may not notify you before filing a probation violation report and initiating formal probation revocation proceedings. This is true even if you are no longer on probation.

Per Minnesota Statute § 609.14, a probation officer or prosecutor may ask the court to initiate probation revocation proceedings at any time within six months after the expiration of the probationary period.

Some probation violations are technical (missing a meeting with a probation officer, failing a UA, etc.) and some probation violations occur when a person is alleged to have violated a new law (getting another DWI while on probation, etc.).

A probation violation is itself a new criminal charge. If you admit to a probation violation or are found guilty of a probation violation, the sentence can be severe, including the execution of any jail time and/or imposition of fines that were “stayed” during the period of probation, and pending a successful completion of the terms of probation.

For a DWI probation violation, for example, courts often stay significant jail time—up to 90 days for even a low-level, first-time offender. A violation of the terms of probation in that type of case could result in an executed jail sentence of the entire period of stayed jail time—up to 90 days. For a felony-level probation violation, the execution of any stayed prison time is on the table, as is conviction for a felony-level offense (meaning designation as a felon), which is why these cases can be so serious.

You can fight a probation violation, and you can win, but you should contact us first.

Probation violation defense is nuanced. Unlike an original criminal charge, where the state must prove guilt beyond a reasonable doubt, the standard of proof in a probation violation hearing is lower. The state only needs to prove that an individual violated the terms of their probation by presenting clear and convincing evidence to the court. This means that it is generally easier from a legal perspective to prove that a person violated the terms of their probation in Minnesota than it is to prove that they committed the original crime.

That said, a person alleged to have violated their probation has significant rights and are still presumed innocent. You have the right to demand an evidentiary hearing in which the state has to present evidence to prove that you violated probation, and they have to prove it by “clear and convincing evidence.”

Wilson & Clas has significant experience in defending against probation violation, and handling other postconviction work. We have had successes in the Twin Cities and surroundings areas, including Inver Grove Heights, Burnsville, Eagan, Anoka, and Hastings. We also handle probation violations in Northfield, Faribault, Owatonna, Eagan, Rochester, and all of greater Minnesota.

Our firm will:

• Review the allegations against you, including the probation violation report and underlying initial criminal offense(s);

• Clearly explain all of your legal rights and options;

• Investigate the case—gathering evidence to use in your defense; and

• Take immediate action to protect your rights and get you life back on track.

Contact our affordable Minnesota probation violation attorneys at 612-910-2104 today!