Legal Question in Criminal Law in Minnesota

I was arrested in Sept. 09 for a domestic in Benton County,Mn. and sentenced to 90 days with the remaining 88 days conditioned pending domestic assessment. Three months later Dec. 31,09, in Big Stone County, I received a DUI and was sentenced to 42 months and I served 6. The DUI charged was a violation of probation of the domestic and the remaing 88 days were recommended exicuted. At the sentence hearing, the psi investigation stated that one of the conditions be attend an anger mannagement assessment knowing that this would be exicuted. My attorney asked that be modified and removed since there was no violence involved on the DUI case, and that should I violate this probation and be sent to prison, at intake, records would show that I had two violent acts instead of one, but was denied. This would raise my level of security.

I appeared before the Judge in Benton County and time was served and all conditions were vacated...file closed the Judge told me.

Now probation still holds me to do the assessment. Can I fight this since my time was served and I satisfied the court?


Asked on 9/20/10, 7:38 am

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

I don't think I am clear on what exactly happened and in which court. I can tell you that generally if probation asks you to do something, it is easier to do what they ask.

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Answered on 10/04/10, 12:46 pm


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