What are Some of the Common Probation Violations in Minnesota?
If a Minnesota Court puts you on probation, the purpose is to control your behavior and typically to make sure that you fulfill a laundry list of probation conditions. For more on this laundry list, check out If I’m Placed on Probation in Minnesota, What Kinds of Probation Requirements Should I Expect? Of course, one of the problems that may come from a long list of obligations is what happens of you fail to fulfill them all. For more on fighting a probation violation, check out What Happens in a Probation Violation Hearing in Minnesota? If this all sounds familiar, make sure you contact an experienced Minnesota criminal defense attorney.
“Probation violations can provide huge exposure because even small violations can give the Court the authority to bury you. You need to be prepared for what that means.”
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.
If I’m Placed on Probation in Minnesota, What Kinds of Probation Requirements Should I Expect?
What are Some of the Common Probation Violations in Minnesota?
What Can the Judge Do to Me if I Violate my Probation in Minnesota?
While the above articles deal with conditions of probation through fighting potential probation violations, the remainder of this article will focus on common probation violations n Minnesota.
Common Probation Violations in Minnesota Courtrooms
While any failure to fulfill a required obligation to probation could result in a violation, some of the most common probation violations include:
Committing a new crime;
Failure to stay in contact with your probation officer;
Failing a drug or alcohol test, sometimes called a “dirty UA”;
Failure to pay restitution or fines and not just because you are poor;
Failing to complete a chemical dependency evaluation or treatment;
Failure to appear for a court date.
If you are suspected of violating your conditions of probation, your probation officer can “violate you” and request a warrant for your arrest. The other option is that your probation officer may “violate you” and ask for a court date where you can appear. This is called a Summons. Either way, this means you mustl appear before a Minnesota Judge to determine whether you violated your conditions of probation and if you have, what the consequences will be. The ramification of a probation violation may be severe. As a result, you should contact an experienced Minnesota criminal defense attorney immediately.
Probation Violation/Revocation Hearings
In a probation violation or probation revocation hearing, there is a two step process. The first step is something called an “Admit/Deny.” As the title implies, the person on probation can either admit to the violation or deny the violation. In the event, the person denies the violation, there will be a court hearing, likely on a different date, to determine whether a violation occurred. For more on this, check out What Happens in a Probation Violation Hearing in Minnesota? If the person admits, then the Court will determine consequences of the violation.
It should be noted here that prior to the Admit/Deny, an experienced criminal defense attorney may be able to advocate for their client as to the alleged violation, any extenuating circumstances and provide other relevant evidence that may cut in their client’s favor. Also, there may be up sides and downsides to admitting or denying and having a trial. Talk with your criminal defense attorney.
“If you have violated your probation, the answer is far more than just rolling over and taking it. There are some concrete things you may be able to do the mitigate the damage. This could change everything?
If you are facing a probation violation, having an experienced criminal defense attorney by your side may make all of the difference. There can be a lot of things that happen behind the scenes.
Jack Rice is a Board Certified Criminal Law Specialist, a former prosecutor, a former U.S. Federal Officer and the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.