Minnesota Probation Violation Attorney
Being accused of violating the terms of your probation is rather serious because a violation could result in you having to serve the jail or prison sentence that your probation was taking the place of.
Probation is essentially the suspension of a jail sentence, which allows an individual to live their life as normal as they can as long as they do not violate the terms of their probation. If the probation terms are not followed, the person may be ordered by a judge to pay fines and/or complete the jail sentence.
If you have been accused of violating the terms of your probation, you will need to have a Minneapolis criminal defense attorney by your side so you can fight to stay out of jail. Sometimes violations are intentional and sometimes they’re not.
There are a number of reasons why the terms of probation may be violated. One of the primary reasons is due to a breakdown in communication. A court date may be missed due to a misunderstanding, a check-in may not have been recorded due to a change in probation officer, or there may be a belief that probation was over. There are times that a person may think that their probation is done, but it really isn’t.
Other times, probation may be violated because of a failed drug or alcohol test or the commission of another crime.
Probation terms require that a person check-in, perform random alcohol and drug tests, and not be arrested for another offense. There may be other terms that include the completion of therapy, classes, or community service. If a person fails to show up to community service, their therapy sessions, or any educational classes ordered by the court, they could be considered in violation.
Direct Violations Vs. Technical Violation
The intentional violation is a direct violation, while the unintentional violation is a technical violation. When you go before the court, you can plead guilty or innocent to the violation. If you plead innocent, you will have to prove why you are innocent. If you plead guilty, they you are accepting the sentence that the court imposes. They will continue your jail sentence, prolong your probation, charge a fine, require customer service, or another penalty that the court feels is appropriate for the violation. Of course, the circumstances surrounding the violation will also have weight in what the punishment will be.
Contact A Minneapolis Criminal Defense Lawyer
Probation violations can be direct or they can be technical. Despite the type of violation, it is important that you defend yourself against the accusation. Perhaps the violation was due to a misunderstanding or there is another circumstance that led to the violation. Whatever the reason, you have a defense attorney who can help you answer to the accusation and show why the violation occurred. The goal is to avoid serving the originally imposed sentence. To learn more, call the Anderson Law Firm, PLLC at 952-582-2904 to schedule a free consultation.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.