Once convicted of a crime in Minnesota, your involvement in the court system is not over. In most cases, individuals are sentenced for a particular offense – but the sentence is stayed pending compliance with certain conditions. The time during which a defendant must comply with these conditions is known as the “probationary period.” Common probation conditions include: remaining 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.
Admit – Deny Hearing
If you’re accused of violating the terms of your probation in Minnesota, we can help. Allegations of probation violation involve a two-step process. First, the court will ask whether you wish to admit or deny that a violation of the conditions of your probation occurred. If you admit, the court will proceed to impose whatever consequence it sees fit, including additional jail time, fines, community work service and others.
Evidentiary Hearing
If you deny that you violated probation, an evidentiary hearing will take place. The State must prove by clear and convincing evidence that you violated the terms of your probation. If you are found to have done so, the court will impose a penalty. If you are found not to have done so, your prior conditions will remain in full force and effect with no additional consequence.
If your probation officer claims you violated your conditional release terms, you should speak with a lawyer immediately. The earlier you involve an attorney, the sooner we will be able to gather evidence, interview essential witnesses, and address other important elements of the agent’s claim. Call our law firm now for a consultation: (218) 346-4995.