If you are on probation for an offense in Minnesota, you need to understand the conditions detailed in your probation and what happens if you violate one of them. Unfortunately, in some cases people don’t really know all of the terms they are required to follow or the various ways that they might potentially violate those terms.
Because of this, we thought it would be valuable to put together an explanation of common probation conditions, as well as the penalties you can face if you violate them and how an experienced attorney can help you if you slip up.
Typical Probation Terms in Minnesota
Probation requires you to adhere to a list of standard expectations.
- You must not violate any state or federal laws while you are on probation.
- You are not permitted to possess or use firearms, explosives, or ammunition while on probation.
- You are not permitted to possess or use any illegal or non-prescription drugs.
- Any threats or acts of assault while on probation are prohibited.
- You may not vote or register to vote.
Additionally, if you are traveling, you are limited to traveling only inside the state of Minnesota, and permission must be requested from your probation officer no less than two weeks before your departure date. Relocation to another state must be granted by the probation officer and the new state, and the request process will require at least three months. Travel outside the United States is not permitted.
You will also be given instructions on how to contact your probation officer and a contact schedule to follow. In the event that you come into contact with law enforcement officers, or you are charged with any additional offense, you must inform your probation officer within 72 hours of the incident.
You must also inform your probation officer of any change in phone number, address, or place of employment within 72 hours of the change. Your prompt reply to any communication from your probation officer or the corrections office is expected.
Your probation officer may conduct periodic searches, and your compliance is required. Searches may be conducted of your person, property, residence, vehicle, workplace, or any other areas requested by your probation officer.
If you are asked to provide DNA samples or sign information releases, you are required to comply.
Penalties That are Associated with Minnesota Probation Violations
If you violate any of your probation terms, your probation officer has the right to immediately request that you be taken into custody.
If you are found guilty of a probation violation after the term’s expiration, your probation officer or the prosecution can ask the judge to begin the probation revocation process within six months after the term expiration. The court itself can also make the request for the process to begin.
The court may be stopped from conducting the revocation process if you or your attorney can prove that the state intentionally caused a delay with the purpose of gaining leverage against you.
You may avoid incarceration if your probation officer recommends your admission to a treatment program for chemical dependency or other problems. The judge may accept the recommendation as long as you have not committed violent offenses, you are willing to be supervised, and your violation of probation was technical.
If the probation violations hold, your original sentence may be reinstated, or you may be placed on probation again with additional sanctions. However, if no grounds of violations hold, the court may grant you liberty.
Being accused of violating probation terms is a serious matter. To give yourself the best chance at a positive outcome, you need the help of an experienced attorney. With the right strategy in place, you may be able to you avoid jail time and other stiff penalties. Get in touch today for a free consultation.
About the Author:
Christopher Keyser is a Minneapolis-based criminal and DWI defense attorney known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge, and recognized as a Minnesota Super Lawyers Rising Star (2014–2015), a Top 100 Trial Lawyer (2013–2015), and a Top 40 Under 40 Attorney (2013–2015).