If I’m Placed on Probation in Minnesota, What Kinds of Probation Requirements Should I Expect?

If you are sentenced in a Minnesota criminal courtroom, it may include a term of probation along with the potential for jail or prison time if you violate that probation. Probation frequently comes with multiple requirements that the person must follow for a certain period of time. These requirements are usually related to the charge, the specific facts of the case, and the person’s criminal record or other personal circumstances.

Because every case is different, the Court has wide latitude to require the conditions that they believe are appropriate to each case.  Further, if you are assigned a probation officer or PO, that PO may have some authority to impose even more conditions. This could apply to any kind of criminal case including to DWI cases, domestic cases, violent crimes, sex crimes, theft and fraud crimes, and drug crimes. Failing to abide by these requirements could result in a probation violation. Depending upon the case, a Minnesota Judge could put you in jail or even prison in certain circumstances for that violation. Contact an experienced Minnesota criminal defense attorney for more on your case.

“Probation violations can be some of the most difficult cases to handle. As a result, its best to know all of your probation requirements in the first place. Any slip up and you could face that Judge again.”

For more on probation violations in Minnesota including terms and conditions, various kinds of probation violations and the actual probation violation process, check on some other Jack Rice Defense articles involving these issues.

While the above articles deal with conditions of probation through fighting potential probation violations, the remainder of this article will focus on common conditions of probation in Minnesota.

Common Conditions of Probation

While the conditions vary from case to case, some of the most common requirements include:

  • A Fine and surcharge

  • Restitution

  • No same or similar offenses

  • Remain law abiding

  • Stay in contact with probation

  • Being employed

  • Complete school

  • Community work service

  • Can’t leave Minnesota with prior probation permission

DWI Cases

For DWI and DWI related cases, additional requirements may include:

  • Chemical Dependency Evaluation, sometimes called a Rule 25

  • Attend an alcohol or drug treatment program

  • No use provision for drugs and alcohol

  • Random testing requirement

  • MADD Victim Impact Panel

Drug Cases

For Drug cases, additional requirements may include:

  • Chemical Dependency Evaluation, sometimes called a Rule 25

  • Attend a drug treatment program

  • No use provision for drugs and alcohol

  • Random testing requirement

  • No possession or control of weapons

Domestic Assault

For Domestic Assault related cases, additional requirements may include:

  • Anger assessment

  • Domestic assault treatment program

  • No Contact Order

  • No use of drugs or alcohol

  • Random testing requirement

  • No possession or control of weapons

Sex Crimes

For sex crimes related cases, additional requirements may include:

  • Psychosexual evaluation

  • Psychological evaluation

  • No contact orders

  • Stay away orders

  • Sex Offender registration

  • No access to internet

  • No use of sexually explicit materials

  • No possession or control of weapons

The lists above are absolutely not exhaustive.  The Courts frequently add a lot more requirements,  For sex crimes, the amount of oversight can be extreme and the list of requirements may go on and on and on.

“In the event of a probation violation, know that the standard of proof is different than the original charge and the Court could feel like you don’t care or maybe see it as a sign of disrespect to the Court itself.”

The list of probationary requirements can be critical because alongside these probationary requirements is the ability of the court to put you in jail or prison in the event that you fail to comply with even one of those requirements.  Therefore, it is important that you understand your obligations.  However, if your probation officer or the Court is alleging that you have failed to fulfill your obligations, you should sit down with an experienced Minnesota criminal defense attorney immediately.

Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, former U.S. Federal Officer and Founder of Jack Rice Defense.  Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.

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What are Some of the Common Probation Violations in Minnesota?

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