Probation requires an individual to live up to certain expectations. When these expectations aren’t met, you can be accused of probation violation. If your probation officer suspects you have violated your probation in the state of Minnesota, you need the help of an experienced attorney.
Understanding Probation Violations
In the state of Minnesota, probation is considered a privilege. It is a way for an individual to remain in, or reenter into, society without getting off the hook for a crime. Oftentimes, a person who is released from prison will be subject to a period of probation. This is especially true in cases where a prison sentence is cut short. Ultimately, this can be viewed as conditional involvement in society. In other words, probation allows you to be in society, as long as you play by the rules established by the court.
There are many different conditions that may accompany probation. If you violate any of these conditions, you can potentially lose your probation, and end up in prison. Common conditions of probation include:
- Reporting to a probation officer;
- Refraining from any and all criminal activity, especially the activity that led to your initial conviction;
- Community service involvement;
- Counseling sessions; and
- Avoiding any drug or alcohol use.
Additionally, your probation may include limitations concerning the people you can associate with for a set period of time.
Any violation of these conditions can result in forfeiture of your probation. If you are accused of probation violation, you will typically go through a two-step process. This process begins with an “admit/deny” hearing, in which you will either admit or deny that you violated your probation. If you admit to the violation, you will be subject to a penalty, which can include a longer period of probation, additional community service, fines, or even prison.
If you deny a violation, you will be subject to an evidentiary hearing. During this hearing, the state will need to demonstrate that you violated the terms of your probation. If you are found to have violated, the court can sentence you to additional penalties, which can result in the loss of probation, and a prison sentence.
Probation Violation Lawyer
It’s important to seek the counsel of an experienced lawyer the moment you are aware of any potential accusation of probation violation. Even the slightest hesitation can leave you unable to defend yourself against the claim. Without a lawyer on your side, you may end up with your probation revoked. This could lead to prison time, and many long-term effects on you.
Your defense lawyer will help fight against an accusation of probation violation. By gathering the right evidence to support your behavior, you can often keep the original terms of your probation without further penalty.
Always A Free Consultation
If you are facing a probation violation, you need an attorney who will fight at your side. At the Brown Law Offices, P.A., we have helped many clients get the outcome they desire. Our defense attorneys will work hard, so you end up with the best possible result. Don’t let probation violation take away your freedom. Call us today at 763-323-6555 or complete our online form for a free consultation.