Probation Violation Attorney Serving
the Twin Cities & Surrounding Areas
When you are sentenced in a criminal case there are terms and conditions placed on you and you have a certain length of probation. The conditions can be as simple as remain law abiding, do not commit a same or similar offense or to stay in contact with your probation officer. Length of probation is determined by the Court at the time of sentencing. Misdemeanors offenses are usually 1 to 2 year probation times but Gross Misdemeanors and Felonies can be a lot longer. Every county is different in determining the terms and conditions of probation. Certain types of offense carry with them standard probation requirements such as DUI/DWI cases require the person on probation to follow recommendations of the alcohol or drug assessment or a condition may be to not use or possess alcohol or drugs and have random testing.
A Probation Violation occurs when the defendant’s probation officer believes there is a probable probation violation. This usually occurs when a defendant has been charged with another similar offense or has failed to do something that was a term and condition of his/her probation.
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When a person is summoned back to court on a probable probation violation the stayed sentence, fine and status of the sentence are now active again and must be readdressed. In other words, if you were sentenced to 90 days in jail and a $1,000 fine but the jail time was stayed (not executed –no time served) and you paid a fine only now the jail time and the remainder of the fine need to be revisited. The Court has the power to now execute the remainder of your sentence and have you serve the 90 days in jail if you are found to have violated the terms of the sentence.
It is critical to know what allegedly wasn’t completed or why the probation officer has alleged there is a violation. Sometimes there was miscommunication between the defendant and probation officer, sometimes there is a new offense that violates the same and similar condition and sometimes the defendant has failed to do something that was Court ordered.
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Whenever I analyze probation violation cases I am always interested in knowing every detail of the prior sentence, who the sentencing Judge was, which city and county did the original offense occur in, how long is the probation, have there been other probation violations and what allegedly was the reason for the violation.
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I also need to examine the sentencing document, meet with my client and develop a strategy to defend the allegations.
I am always looking for defenses when I am analyzing a case. If there are defenses then we explore those in detail prior to moving forward with defending the probation violation. If there are no defenses then it is my job to get the best possible result for you and get the best possible resolution as quickly as possible at a reasonable and affordable cost.
It is very important to have legal representation since these are very serious types of cases. If convicted the Court may require jail time, fines, treatment or education for alcohol or domestic abuse, restrictions on gun privileges, probation and continued no contact with the alleged victim.