The longer you wait to turn yourself in on a Minnesota probation violation, the more time you may spend in jail. The prosecution will use the delay as an argument against you when seeking for more jail time. Remember, there may still be plenty of jail time hanging over your head from the original sentence. The first step is to retain an experienced criminal defense attorney to defend you against the probation violation. An experienced criminal defense attorney will advise you to turn yourself in on a day when a favorable judge is scheduled to be on the bench the next morning. An appearance before a favorable judge may allow for your release from jail without having to post bail. You should also turn yourself in at the last possible moment in order to insure that you will be on the morning calendar. An experienced lawyer may decide to exercise your right to a “Morrissey Hearing” where you will have an opportunity to challenge the alleged probation violation. The prosecution will need to prove by clear and convincing evidence that you violated the terms of your probation before you could be required to serve any jail time. There may be a defense to the violation or plea agreement that could be negotiated to protect your freedom. Why take any chances?
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