Congdon Law. PLLC.

Is A Probation Violation A Bondable Offense In Minnesota?

A probationer with a violation is not automatically entitled to bail. If the probation officer has issued the violation with a warrant, then you could be arrested at any point in time. In Minnesota, a judge certainly can set a bail, but they also have the option to hold you without bail pending a hearing on the probation violation in which case you may be in custody for up to a week before a hearing.

How Can I Prepare For A Probation Violation Court Appearance?

If you’re out-of-custody, you can prepare for a probation violation hearing by getting as much compliance with your probationary conditions as possible. That includes reestablishing contact with a probation officer, getting any assessments done or completing any classes that were ordered. Doing all of these things and bringing proof that you’ve done these things to the probation violation hearing will be a huge benefit to you. If you’re in custody, then you’re relying on your attorney to start gathering any information to support that you were actually in compliance with the probation violation or with the probationary conditions.

If the violation is that you haven’t completed treatment, you can certainly try to request a chemical health evaluation while you’re in custody and to see if they can complete that before your hearing.

What Are My Legal Rights At A Revocation Hearing?

There are two stages to revocation hearings. The first stage is the admit or deny phase of the proceedings. If you are admitting that you violated your probation, then generally there is an agreement in place between you or your attorney and the prosecutor as to what the punishment may be for your violation. If you’re denying the violation, it’s either because you couldn’t come to some sort of a plea agreement or you really truly were not in violation of your probationary status. At the revocation hearing, if you’ve denied it, then you’re going to have a contested hearing where you have the right to make the state prove that you’re in violation by clear and convincing evidence. They have to bring in the witnesses as a proof of their allegations, those are often the probation officers.

You will have the right to cross-examine those witnesses, you have the right to be represented by an attorney and you have the right to testify. Many of the same rights that apply to a trial also apply at a revocation hearing with the exception of there will not be a jury and the burden of proof for the state is clear and convincing evidence instead of proof beyond a reasonable doubt.

Do I Have The Right To An Attorney At A Revocation Hearing?

You have the right to have an attorney at a probation violation hearing. If you cannot afford to bring your own attorney, then you can apply for a public defender to represent you. Probation hearings are just as important as any other court hearing since the potential consequences if you’re found in violation can range from just being placed right back on probation without any additional punishment or could include jail time or prison time (if it was a felony level offense). Therefore, it’s very important that you both understand your rights and also that you’re protecting yourself from any harsher than typical or harsher than necessary consequences for an alleged violation.

Is The Prosecution involved In My Probation Violation Case?

When your probation officer files the violation report, oftentimes they will make a recommendation as to what they think the punishment should be for a violation. Depending on the county, the prosecutors may negotiate that recommendation that the probation officer has made or not. Ultimately, it’s up to the judge to decide what the punishment will be unless there’s an agreement between the two parties as to what the punishment should be if there was a probation violation.

What Are The Potential Penalties Associated With A Probation Violation?

If your probation is not revoked, meaning that you’re still going to be on probation after the violation, the possible penalties can include jail time, additional fines, house arrest, community service, additional requirements to take classes or attend meetings. There is a wide range of potential punishments that a judge could impose for a probation violation including the extending of your probationary time period. For example, if you’re only on probation for three years but the maximum is five years, they could extend your probation up to the full five years to make sure that you’re in compliance and staying out of trouble.

What If I Violate The Terms Of My Probation While I Am In A Diversion Program?

If you are participating in a diversion program and you violate the terms of the diversion, then most often, your case is going to be returned to court to proceed through the normal court process as if you weren’t in diversion. Therefore, depending on the program, you may still have the right to request a trial or you may still be able to plea-bargain your case. In some circumstances, they may reaccept you to the diversion program depending on the type of violation you faced. However most often, you are going to go back to court to basically start over at square one.

What Happens If My Probation Is Revoked?

If your probation is revoked, then that means you’re going to serve the additional time that’s remaining. Which means if it’s a felony, then it’s a prison sentence. If it’s a misdemeanor or a gross misdemeanor, it’s jail time that you’d be serving. The length of custody would be minus any time that you’ve received actual custody credit for. For example, if it’s a felony with a one-year and one-day sentence, you’re going to serve approximately eight months in prison for that sentence.

For more information on Bonding Out On Probation Violation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651)-964-4512 today.

Jennifer Congdon, Esq.

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