Minnesota Probation Violation Defense
A probation violation in Minnesota can result in the execution of a stayed sentence, meaning time in jail or prison that was previously suspended. The standard of proof is lower than at trial, and judges have broad discretion.
What's At Stake
Execution of your stayed sentence (jail or prison time), extended probation terms, additional conditions, and loss of the second chance that probation represents. Unlike a criminal trial, where guilt must be proved beyond a reasonable doubt, the state must prove a violation by clear and convincing evidence.
How We Respond
We work to present mitigating circumstances, demonstrate compliance efforts, and advocate for continued probation or modified conditions rather than incarceration. The goal is to keep you in the community. We prepare thoroughly for probation violation hearings because the outcome can be just as consequential as the original conviction.
What To Do Right Now
Contact your attorney immediately if you believe you may have violated a condition. Do not ignore a summons for a probation violation hearing, or a warrant will be issued. Being proactive demonstrates good faith to the court and gives your attorney the best opportunity to advocate for you.
Common questions about probation violations.
A probation violation occurs when a person on probation fails to comply with the conditions set by the court. Common violations include failing a drug test, missing a check-in with a probation officer, failing to pay fines or restitution, committing a new offense, or leaving the state without permission.
At a probation violation hearing, the court determines whether you violated a condition of probation. The standard of proof is clear and convincing evidence, which is lower than the beyond-a-reasonable-doubt standard at trial. If the court finds a violation, it can continue probation, add conditions, or impose other sanctions; revoking probation and executing the stayed sentence is a last resort that requires specific findings (the Austin findings).
Yes. A probation officer or the court can issue a warrant for your arrest if they believe you have violated a condition of probation. You may be held in custody until the violation hearing. Contacting an attorney immediately is critical.
Yes. An attorney can challenge whether the alleged violation actually occurred, whether the condition was clearly stated, or whether there are mitigating circumstances that justify continued probation. Courts have discretion to impose sanctions short of executing the stayed sentence.
Facing charges? We can help.
Contact VanMeveren Law Firm for a confidential consultation.
Contacting the firm does not create an attorney-client relationship.