Violation of Probation
When people plead guilty or are otherwise convicted of crimes in Minnesota, one of the most common ways they can avoid having to serve terms of imprisonment is probation. This is a deferred or suspended sentence that allows people to maintain much more semblance of an ordinary life than they would have while incarcerated in a jail or prison facility.
A person who is placed on probation is expected to comply with several terms, conditions, and rules of the court. Any failure to abide by these expectations, even by mistake, may be considered a violation of probation and possibly result in that person being ordered to finish his or sentence in jail or prison.
Apple Valley Violation of Probation Lawyer
If you have been accused of violating the terms of your probation in the greater Minneapolis-St. Paul area, you should seek legal representation right away. James Blumberg Law represents both adult and juvenile offenders on probation in Anoka County, Dakota County, Hennepin County, and Ramsey County.
Our Dakota County violation of probation attorney fights to protect the rights of clients in Blaine, Bloomington, Coon Rapids, Maple Grove, Minnetonka, Plymouth, Woodbury, and many other communities. You can have our firm provide a complete evaluation of your case by calling (952) 431-7758 right now to schedule a free consultation.
Minnesota Violation of Probation Information
- What constitutes a probation violation?
- What happens after a probationer is notified of an alleged violation?
- What defenses might a probationer have when accused of one of these violations?
- Where can I find additional information about probation?
Probation is certainly preferred by most every alleged offender over being incarcerated. However, there are numerous regulatory and reporting conditions that people must abide by in order to successfully complete the terms of their probation.
The lengths of times that people are on probation varies by the nature of the alleged offenses, but some of the most common requirements generally include maintaining communication with probation officers and not partaking in any illegal activity. Under Minnesota Statute § 609.135, the court is allowed to stay the imposition or execution of a sentence and place an offender on probation with or without supervision and on the terms the court prescribes.
There are two types of probation violations in Minnesota: direct violations and technical violations. Direct violations are viewed as being intentional violations that may include, but technical violations are largely unintentional violations when offenders either unknowingly fail to comply with rules or are unable to comply because of circumstances beyond their control.
Examples of probation violations include, but are not limited to:
- Avoiding contact with criminals or known felons;
- Being charged with another criminal offense;
- Failing a drug test or using alcohol or drugs;
- Failing to complete court-ordered counseling, treatment, or community service;
- Failing to comply with house arrest;
- Failing to maintain employment;
- Failing to meet with the probation officer;
- Failing to pay restitution or fines;
- Failing to report to a new probation officer; or
- Leaving the county or state without permission.
Probation agencies are allowed under Minnesota Statute § 244.197 to schedule sanctions conferences when they have reason to believe that offenders have committed technical violations of probation. An agency will notify the offender in writing of the specific nature of the alleged violation.
There are generally two types of hearings that will follow any alleged probation violation. These include:
- Violation Hearing — At this hearing, the probationer will have the opportunity to admit or deny the alleged violation. If the offender admits to the alleged violation, then the court may extend, revoke, or modify the terms of his or her probation. If he or she denies the alleged violation, then the state will need to prove at a separate hearing that a violation occurred.
- Evidentiary Hearing — More commonly known as a “Morrissey Hearing,” this is where the state must prove that an offender violated the terms of his or her probation. While the Minnesota Statutes require “clear and convincing evidence of a probation violation” in order for probation to be revoked, the state generally needs to show only that the probationer was given notice of the violation, the alleged violation was intentional or inexcusable, and the factors favoring imprisonment outweigh those favoring reinstatement of probation.
Probationers are allowed to present their own evidence in defending against these allegations. A judge will determine whether a violation occurred and then extend, revoke, or modify the probation. It is critical to have an experienced attorney who can demonstrate why an alleged offender should not be sentenced to jail or prison.
Many alleged probation violations are the result of honest misunderstandings or other outside factors that interfered with the true intentions of the probationers. Every case is different, but there are some common defenses to many of the most frequent types of violations.
The possible defenses depend on the nature of the specific alleged violation. Some possible defenses may include, but are not limited to:
- A medical emergency may have prevented a probationer from appearing for work, meeting with his or her probation officer, or attending a counseling, treatment, or community service session;
- Confusion about the identity of a new probation officer may have led to a probationer not reporting to him or her;
- Contact with criminals or known felons may have been completely unintentional and unplanned;
- Improperly conducted tests or improperly handled samples may have contributed to a false positive drug test result; or
- Unforeseen financial circumstances may have prevented a probationer from being able to pay restitution or fines.
Dakota County Adult Probation — You can learn more about Intensive Supervision, Enhanced Supervision, High-Risk Supervision, and Low-Risk Supervision in Dakota County on this website. This includes links to information about specialized caseloads involving gender specific, intensive repeat DWI supervision/Safe Street First, domestic abuse, sex offender, mental health, drug court, and cognitive groups.Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124
Hennepin County Adult Probation — This website has information about Hennepin County fees, courts, and rights and responsibilities of probationers. You can also find a probation officer or location, and there is also a larger overview of the criminal justice process. There is also an overview of the payment process.Hennepin County Probation Reporting Center
4336 Lyndale Avenue North
Minneapolis, MN 55412
Ramsey County Probation Office — On this website, you can learn more about how the Ramsey County Probation Reporting Center (PRC) works. There is a section dedicated to answers to some of the most frequently asked questions about the PRC. There is also an overview of the payment process.Ramsey County Probation Reporting Center
121 East Seventh Place, Suite 1200
St. Paul, MN 55101
Anoka County Adult Supervision and Programs — In Anoka County, lower risk offenders are supervised in a group reporting format at the Probation Service Center (PSC). Moderate and high-risk offenders receive more traditional supervision from individual probation officers. There is also information about the rights and responsibilities of probationers, the various buildings probationers may report to, and how payments and fees are handled.Rum River Human Services Center
3300 4th Avenue
Anoka, MN 55303
Minnesota Department of Corrections — This page provides an overview of how Minnesota Department of Corrections (DOC) supervision works. The DOC provides supervision for offenders who have been released from prison and people sentenced to probation in counties without a large enough caseload to justify a local supervision program. You can also learn more about the various DOC offender programs.Minnesota Department of Corrections
1450 Energy Park Drive
St. Paul, Minnesota 55108
Minnesota Association of County Probation Officers (MACPO) — This organization is “dedicated to promoting quality correctional practices through professional growth, leadership, education, communication and support.” On this website, you can learn more about upcoming MACPO events, the history of the organization, and MACPO’s bylaws.
James Blumberg Law – A Violation of Probation Lawyer in Dakota County
Have you received a notice that you allegedly violated the terms of your probation? You should not delay in obtaining legal counsel for help in achieving the most favorable outcome to this situation.
James Blumberg Law defends adult and juvenile offenders in Brooklyn Park, Burnsville, Eagan, Eden Prairie, Lakeville, St. Cloud, and many other communities in the Minneapolis-St. Paul area against all types of probation violations. You can have our Dakota County violation of probation attorney review your case as soon as you call (952) 431-7758 today to take advantage of a free, confidential consultation.