If you were convicted of a misdemeanor or felony level offense in Minnesota, a judge has placed you on probation for a certain length of time. Probation comes certain terms and conditions. A judge may have required you to remain law abiding, to follow the rules of probation, and to not consume alcohol. There may be conditions of probation requiring you to submit to random UA's, pay a fine or restitution, or to not have any contact with a crime victim. Jail time is always hung over your head during the period of your probation to insure compliance with the terms and conditions of probation.
If you violate any condition of your probation, the probation officer assigned to you case may decide to drafted a probation violation report. The report will contain an allegation that you violated a certain conditions of your probation imposed by the judge at the time of sentencing. A judge will review the allegation and determine whether or not there is probable cause to believe you in fact violated a condition of your probation. If probable cause is found, a judge will decide whether to issue a summons with a court date or warrant for your arrest. When you appear before a judge, you will be advised of your right to counsel and that you are entitled to a revocation hearing where the prosecution must prove you violated your probation by clear and convincing evidence. You are entitled to copies of all the evidence prior to the time of the hearing. You have the right to present your own evidence and to cross-examine the state's witnesses.
If no violation is found, the violation proceedings will be dismissed and your probation will continue on the same terms and conditions. If the court finds that a violation has occurred, the court may stay imposition of a sentence or impose any jail time that was previously stayed.
If you have received notice of a violation of your probation, you will need to retain an experienced Minnesota probation revocation defense attorney. Robert J. Shane has over 30 years of criminal defense experience. Call now for a free phone consultation at (612) 339-1024.