Does a defendant have the right to refuse probation? The answer is yes. Often times the conditions of probation are more onerous to the defendant then serving out a jail or prison sentence. For example, in a felony drug case a judge may sentence a defendant to 6 months in jail but decide to stay the execution of the jail sentence and place him on probation for 5 years. The judge has the authority to place conditions on the stayed jail sentence which could include random urinalysis, weekly meetings with a probation officer, outpatient treatment, and aftercare. A defendant may decide that he would rather serve six months in jail and compete his sentence rather than spending 5 years fulfilling the conditions of his probation.
How do you execute a jail or prison sentence in a Minnesota criminal case? You will need to retain an experienced Minnesota criminal defense attorney to enforce your right to refuse probation. The attorney will want to review your case file and advise you regarding the advantages and disadvantages to executing the sentence. For example, the execution of the sentence could result in a permanent felony conviction rather than a misdemeanor conviction after the sucdessful completion of probation. You will need a criminal lawyer to schedule a hearing before the sentencing judge, argue the case, and draft the appropriate motion, affidavit and proposed order.
If you are interested in exercising your right to refuse probation, call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more criminal defense tips and techniques at www.criminallawyerminnesota.com. Attorney Shane has a winning record and has been defending the freedom of the accused for the past 30 years.