Probation is a period of supervised release that can last anywhere from a few months to several decades. When a person is on probation, it is imperative that they strictly adhere to the specific requirements and guidelines that have been outlined in their probation order. If fail they to do so, there could be very serious consequences.
A violation of probation could lead to probation being revoked outright. A defendant can be taken into custody and sent to prison. If you believe you violated your probation, immediate action is required. Here, our Mankato criminal defense lawyer explains the most important things that you need to know about probation violations in Minnesota.
Two Types of Probation Violations
Technical Violations
With a technical violation, the defendant is accused of doing something (or failing to do something) that is not necessarily itself a crime, but that is against the terms of their supervised release. Technical violations come in a wide range of different forms. Some common examples include:
- Missing a meeting with a probation officer;
- Skipping a court date;
- Failing to pay a fine or financial restitution promptly; and
- Failing a drug test.
New Law Violations
The other category of probation violation is called a new law violation. In Minnesota, a person on probation generally agrees to refrain from engaging in future criminal conduct. If you are on probation and you get arrested on new charges, it is likely that the arrest will trigger a probation violation. These are more complicated cases. Defendants facing a new law violation need professional representation.
What are the Penalties for a Probation Violation in Minnesota
The penalties for violating probation vary based on the underlying circumstances. That being said, under Minnesota law (MN Statutes Sec. 609.14), the court has the authority to revoke probation if the defendant violates the conditions of their release. Depending on the severity of the violation, a defendant may be taken to prison. Still, in Minnesota, probation violations are not always punished by a defendant being sent to jail. Quite the contrary, if the violation is deemed minor and technical, a warning may be issued.
How Our Mankato, MN Defense Lawyers Can Help
With probation violations, the worst thing that you can do is to hide from the issue. Do not avoid your probation officer. The problem is not going to go away on its own. You need to take immediate action to protect your rights and your freedom. At Kohlmeyer Hagen, Law Office Chtd., we will help you find the best path forward. Among other things, our Southern Minnesota criminal defense attorneys are prepared to:
- Review the violation of probation allegations;
- Explain your legal options;
- Investigate the case—gathering evidence; and
- Take immediate action to protect your rights.
Schedule a Confidential Initial Consultation Today
At Kohlmeyer Hagen, Law Office Chtd., our criminal defense attorneys have the skills and experience needed to effectively represent clients facing probation violations. If you or your loved one was accused of violating probation, we are here to help. To set up a fully confidential consultation, please contact us right away by calling 507-405-2442. With a law office in Mankato, we serve communities throughout Southern Minnesota, including Fairmont, Rochester, Owatonna, and St. Peter.