If a judge places you on probation as part of your sentence, he or she will order you to complete specific requirements as part of your trial period. These requirements will be monitored by the county’s community corrections department. If the court finds that you have violated one or more of the terms of your probation, the judge may order you to serve the some or all of your original sentence in jail or additional requirements may be imposed on you.
For example, a standard first time DWI plea in Minnesota includes, amongst other terms, a 30 day stayed (AKA “suspended”) sentence. In this scenario, you will be ordered to serve no additional time in jail. However, if you violate the terms of your probation, the judge has the power to impose a punishment of up to 30 days in jail.
If you break one or more of these conditions, you will either receive a summons to appear at a hearing, or a warrant will be issued for your arrest. At your probation violation hearing, the State must prove the allegations against you by clear and convincing evidence. This is said to be a standard of proof lower than “proof beyond a reasonable doubt” but higher than a “preponderance of the evidence.” You have the right to present evidence and witnesses to testify on your behalf.
You are entitled to an attorney during the proceedings. Your greatest shield, in such a case, is an experienced lawyer. The legal team at Brockton D. Hunter P.A. is available to represent you. If you completed your probation requirements, we will examine your case and work to verify that you did in fact meet your probation conditions. If a violation has occurred, the court must be made aware of the circumstances that caused the violation and why a severe punishment is not appropriate.
Proving to the judge that you can complete all of your responsibilities while on probation will help to convince him or her to offer you another opportunity. On the other hand, if the judge revokes your probation, it can result in serious penalties. All of the work you completed will be essentially lost. It is critical that you employ an attorney who can prepare a strong defense on your behalf and successfully present it to the judge.
At Brockton D. Hunter P.A., we understand how to address probation violation cases in the most efficient approach. Call us today at (612) 979-1112 for a free consultation.