Will Probation Violations Discovered After The Probationary Period Expired Count?

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Probation Violation Lawyer Minneapolis, MN

While it is great to at least maintain a fraction of your freedom after committing a crime through the probation system, make no mistake, going to jail probably would have been easier. The probation violation system is a fickle beast and one even incredibly minor breach of the terms set could make all that time spent on probation for naut.

That being said, not everyone who commits a probation violation is caught for it. There are some who commit a serious of violations and due to sheer luck make it through their probationary period. However, anyone who knows they technically committed a violation will always wonder – if they catch it after the probationary period expires, am I going to jail?

The short answer is a wonderful and relief-inducing no!

If you, for example, committed a crime while you were on probation, this is a violation. However, the crime was not discovered to be committed by you until months later after the probation had already expired and been closed out. There is clear evidence you committed a crime during your probationary date via the date the police have recorded for the crime, but the case is closed and it cannot be reopened again. While you will face criminal charges for this new crime, and the crime you were on probation for may have bearing on the sentence of this new crime, you will not have to serve jail time for violating your probation. The violation needs to be uncovered and taken before the courts before the probationary period expires.

Can You “Run Out the Clock” with a Violation?

While violations that were discovered after probation can’t affect the expired case, don’t believe you can simply get away with a violation just because your probation is almost over and the court system is slow.

For example, if you were caught violating your probation by having drugs in your system during a urine test, once your probation officer files that violation, consider the clock stopped on your probationary period. Even if it ends in two days, if they filed the violation before it expired, you will still have to go to court for it and face potential punishment even if the scheduled court date is months away.

The whole system is very akin to a statute of limitations. The statute of limitations for probation violations is the probation period. Anything discovered after that period has elapsed cannot be taken to court as a probation violation. If it was a crime, it can be charged separately as a new criminal charge, however.

Does a Probation Violation Mean I am Going to Jail?

If you violated the terms set for your probation, worrying about being sent to jail is a valid concern. However, this can be entirely dependent on the violation and the circumstances that surround it. A probation violation doesn’t automatically mean prison time, the courts can also extend probation time, impose new conditions, or even amend the conditions if it can be determined that there is no way that you can actually meet them.

It is distinctly possible to avoid jail time if you committed a probation violation, but often the key to maintaining your freedom starts with consulting a knowledgeable and skilled defense attorney. They can look at the terms of your violation as well as the unique circumstance of your violation in order to best defend against the harshest punishments. If you are being charged with a probation violation in Minnesota, contact us today to see what the Anderson Law Firm can do to fight against the violation and keep the potential punishments to a minimum.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.