Legal Question in Criminal Law in Minnesota

Not only are you going to have to worry about the new charge, but you are going to have to worry about the previous situation. Without knowing the terms and conditions of the prior case it is difficult, if not impossible, to determine what the possible outcome would be. There may be a chance that whatever part of the sentence that was stayed could be enforced, in whole or in part. That will probably be the bigger issue. Many factors would have to be evaluated. The under age consumption charge, by itself, would not be such a serious issue. I would strongly recommend you stay in compliance with the terms and conditions of your previous sentence. I also highly recommend you retain the services of an attorney to assist you in this matter.

You face a very difficult challenge and the stakes are high.

First, the new charge likely violates probation on the fifth degree possession charge. You have a right to seek an evidentiary hearing to contest the probation violation. The prosecution must prove that the violation occurred by clear and convincing evidence. you may also provide any mitigating factual information (which is something that you should be discussing with an attorney immediately). The probation violation result is significant. The Stay of Adjudication could be revoked resulting in a felony conviction. You may also be required to serve all or part of any stayed sentence.

Second, on the new charge you received, you face maximum penalties of up to 90 days in jail and a $1000 fine. It is very important to try to resolve the pronation violation and the underage consumption together where possible.

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