Meet the Challenges of Probation
While being on probation is preferable to being locked up in prison or jail, being on probation presents its own set of challenges and disadvantages. Many individuals who spend time on probation end up facing a probation violation.
Probation violation issues may include:
- Failing urine screening testing or refusing testing
- Failing to abide by the law while on probation
- Failure to pay fines/restitution or other fees
- Commission of a new offense
- Failing to remain in contact with the probation officer
- Leaving the State without permission
- Failing to successfully complete treatment
- Lying to your Probation Agent
- Violating the terms of a restraining order
- And/or violating additional terms of the probation agreement
Did you know?
The attorney who represented you during the initial probation sentence does not have to be the same attorney that represents you in future probation matters. You can switch attorneys at any time.
Probation Violation Penalties
A probation violation may trigger a number of penalties. If the underlying offense is a misdemeanor, you could serve the full 90 day jail sentence. If the underlying offense is a gross misdemeanor, you could serve the full 365 day sentence. If the underlying offense is a felony, you could be sent to prison for the length of your stayed prison sentence. The severity of these penalties depends on a number of factors including the type/extent of the violation. Some penalties that are less than the execution of your stayed sentence include:
- Additional fines
- Additional jail time
- Extension of the length of probation
- Court ordered treatment
- And/or additional penalties to be decided at the time of disposition
Handling Probation Violations Cases in Brainerd and Northern Minnesota
It does not matter whether we handled your original case or not, we can seek to get you released from jail while we work to resolve your case. Our goal will be to minimize the damages and try to get you back on track so you can continue probation and be successful.
If you have been accused of violating the terms of your probation in Minnesota, Chuck Halverson Law Office can help. If you deny to the courts that you violated your probation, an evidentiary hearing will take place. During this hearing the state must prove with convincing evidence that you violated the term of your probation. If your probation officer claims you violated your conditional release terms you should contact a criminal lawyer immediately to properly prepare your defense strategy with our law firm.
Protecting Your Legal Rights
You do have rights when you are on probation. These rights can be properly represented in your defense by a criminal lawyer. These important rights include:
- The right to a hearing
- The right to present evidence on your behalf
- The right to present witnesses
- The right to cross-examine witnesses
- The right to have an attorney represent you and your interests
Protect Your Future By Contacting A Minnesota Probation Violation Lawyer
When facing a probation violation it can be a daunting and stressful situation. You simply cannot run the risk of going into a probation violation proceeding unrepresented, because consequences include more jail time or worse, prison. Even if you do not end up incarcerated, you can be required to spend more time on probation, be sentenced to a more strict form of probation or even end up on house arrest or home detention. In short, your life can be turned upside down, even for a minor violation.
Hire a Minnesota Probation Violation Attorney to keep your probation intact, avoid jail time, and prevent further legal mishaps.
Chuck Halverson is dedicated to keeping your probation intact and preventing jail time. He understands the stress involved in Minnesota probation violation cases and is dedicated to keeping penalties to a minimum
If you are facing a Probation Violation, call Minnesota Criminal Defense Lawyer, Chuck Halverson at 218-829-0929.