Legal Question in Criminal Law in Minnesota

What are the chances i can get an extention on my probation?

I had a DUI in apr. 2006. my restitution is due aug 18th. I cannot pay off the remaining 1,000$ by then. I havent been making payments until recently. I plan on writing to the judge who saw my case. What are the chances the judge will approve a 6 month extention on my probation so i can pay it off? i have followed everything else on my probation. I also don't have a ''probation officer'' i only can deal with the ''officer of the day'' which is someone different everyday. that's why i want to contact the judge directly.


Asked on 7/30/08, 9:45 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: What are the chances i can get an extention on my probation?

If the matter was a misdemeanor, probabtion cannot be extended beyoind two years. As a result, the choice would be to execute the sentence or decline to do so for the court.

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Answered on 7/31/08, 11:02 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: What are the chances i can get an extention on my probation?

Read Minnesota Statues section 609.135, subd. 2. There is your answer. The court can conduct a hearing to determine whether it wishes to extend probation up to an additional year under some circumstances set forth there.

I have told clients in the past, they should try to pay restitution first, even if it means selling their car, becoming homeless, stopping eating, etc -- because this is probably the only bill they will have in their lifetime, where if you fail to pay it, they come get you and lock you up in jail (executed your stayed sentence), and still pursue collection even after that! It's hard to make money while in jail!

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Answered on 7/31/08, 4:33 pm


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