What Happens in a Probation Violation Hearing in Minnesota?

If you are currently on probation in Minnesota and have received notice of a probation violation or even a warrant for your arrest, there are a lot of questions that you need to answer. The first might be to determine the actual terms of your probation:  Check this out: If I’m Placed on Probation in Minnesota, What Kinds of Probation Requirements Should I Expect?  This may help as a starting point.  Second, it may be helpful to understand some of the common probation violations in Minnesota to determine where you stand. Look at this: What are the Common Probation Violations in Minnesota? Finally, if you need to deal with a probation violation in a Minnesota courtroom, exactly how would a contested hearing like this work?  For more on this, you really need to sit down with an experienced Minnesota Probation Violation Lawyer.

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 Happens in a Probation Violation Hearing?

• 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 the actually probation hearing itself and what will come at you.

So How Does a Probation Violation Hearing Work? What is the Process?

In a probation violation or probation revocation hearing in Minnesota, it starts with either a summons to appear in court or by warrant. There are some specific requirements for both a summons or warrant including but not limited to:

• Name of the probationer;

• Description of the violation

• The Judge’s signature

Admit/Deny Hearing

When you appear in Court for your probation violation/revocation hearing, there is a two step process.  The first step is something called an “Admit/Deny” hearing.  As the title implies, the person on probation can either admit to the violation or deny the violation. If you admit at this point, take a closer look at What are the Common Probation Violations in Minnesota and What can the Judge Do to Me?  This may provide some information.

If you are thinking of admitting, this may the time to bring in an experienced Minnesota Probation Violation Lawyer. If you deny, there will be a hearing to determine whether a violation occurred. It is even more important to not go this alona.

The Contested Probation Violation Hearing

At the hearing, especially in St. Paul, Ramsey County, there will be the prosecutor and the probation officer on one side and you on the other. At this point, make sure that you have an experienced criminal defense attorney by your side.

State has the Burden of Proof

In the end, the State must prove their case. The State still has the burden, albeit a lower one, “clear and convincing” which requires:

• There was a requirement of probation;

• There was a failure to fulfill requirement or violated a specific condition of probation i.e. a new conviction;

• It was intentional and inexcusable;

• Confinement outweighs the policies of probation.

The Defense has the ability to present evidence to refute the State’s arguments and to hold the State to its burden. This may include the person on probation although they are not obligated to testify.  Also, the Defense can present mitigating evidence such as efforts to address probation’s concerns including treatment or contact as well as accepting responsibility for the violation.

The Prosecutor’s Job is Easier in Probation Violation Hearings

There are some very significant differences between the original criminal case, the standard of proof and the process itself.  These differences include:

• Fact Finder: A Judge presides over the hearing. There is not jury.

• Standard of Proof: The standard of proof of a probation violation is “clear and convincing” rather than “proof beyond a reasonable doubt” standard. This is a much lower standard.

• Hearsay Evidence Admissible: This is a lower standard for admissible evidence which allows statements from others as proof that something happened without calling them as witness.

Penalties and Sanctions

The Court has very broad authority to to determine the appropriate penalties in the even that a violation if found. These include everything from putting the person back on probation to executing on the sentence and sending them to prison. As you can see, the potential exposure is enormous. For more, check out What are the Common Probation Violations in Minnesota and What can the Judge Do to Me?

Sometimes, knowing what you are facing is half the battle.  This may be the case with probation violation hearings.  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.