Twin Cities Probation Violations Lawyer, Attorney

probation-violation-lawyerWhen under probation, a person is under a court-ordered sanction. This is frequently done as an alternative to going to jail. The main purpose, under Minnesota law, is for probation to prevent further criminal behavior, to rehabilitate the offenders, and to provide some kind of reimbursement for the crime victims. In the eye of the judge, this is not considered a right but a privilege to be given probation over jail time. This is why they will not hesitate to revoke probation if a judge is told that an individual has violated that probation.

Probation violation

If you are accused of violating your probation, you could be arrested and contained within a local jail without bail. You would have to stay there until a formal probation hearing is completed. Here is a list of some of the probation violations:

  • Failure to stay away from drugs and alcohol
  • Failure to abide by the law
  • Failure to contact your probation officer at designated times and under certain circumstances set forth by the court
  • Failure to pay restitution or fines
  • Failure to complete treatment ordered by the court
  • Failure to abide by additional details that are provided by the judge 

The hearing

At the probation hearing, you should have a lawyer present. This is a right that you have in order to state your case. It is important that you have this assistance in your defense and that you not go about the process on your own. The burden of proof is actually on the state to prove that you violated your probation and they need to have evidence that you did. However, the standard of proof is quite low.

The good news is that you can present your own evidence and your attorney can help you do this. If the judge determines that probation was violated, he or she will revoke probation privileges and will revert to what the original sentencing would have been. If the judge determines that no violations occurred, the case will be dismissed.

The idea is to have your case dismissed or to minimize the penalties as much as possible if not wrongly accused of a probation violation.

Penalties

The penalties can vary. You can find that you receive additional jail time, have to pay more fines and fees, could be sent to prison, that your probation is lengthened, you may lose your stay if you were issued one for any reason, may have to undergo more court-ordered treatment, or may have to perform community service.

So what you need to do is get help now. If this is an issue that you are facing, you must defend yourself. Call the Gearin Law Office at 651-731-4900 and your case will be reviewed in order to determine the best course of action. Don’t try to take on the state on your own. You need a systematic approach by an attorney with a track record in handling probation violation cases in the state of Minnesota.