Probation Violation in Minnesota
For most of the individuals convicted for a crime in Minnesota, their involvement in the court system is not over. In many cases, defendants are sentenced for a particular offense but the sentence is stayed pending compliance with certain conditions. The period during which an individual must comply with these conditions is known as the “probationary period.” Typical conditions of probation include: remain law abiding, having no same or similar offenses, completing a number of hours of community service, serving a specified amount of jail time, paying a fine or remaining free of alcohol or drug use. Random follow-up drug and alcohol tests may also be ordered.
If an individual is found to have violated one or more of the conditions imposed by the court, the State will notify the court and the matter will be set on for a probation violation hearing. A two-step process follows. First, the matter is set for an admit/deny hearing. At that point in time, the criminal defendant will either admit to the violation and the consequences will be imposed, or the defendant can deny the violation and the matter will be set on for an evidentiary hearing. If the matter moves to an evidentiary hearing the State must show by clear and convincing evidence that the defendant violated the terms and conditions of probation. If a defendant is found not to have violated the terms of probation, the original conditions remain in place. However, if a violation is found to have occurred, the court will impose additional conditions or, if a defendant has repeatedly violated probation, the court may execute the sentence in full.
A first time probation violation usually will not result in the execution of the original sentence. However, some defendants elect to simply execute the sentence so that they can avoid the burden associated with the conditions of probation. Visit our Minneapolis Criminal Defense Attorneys online for more information about probation violation.
