Legal Question in Criminal Law in Minnesota

concurrent?

violation of probation-not entering treatment program

sentence: 40 days of sentence to serve and electronic monitor to run concurrently. Probation officer was on vacation and did not notify the monitor company that I had started the work program. I have 24 days left on the STS crew--now they want to hook up the monitor on Aug 2nd to start the 40 days.

Do you think I am getting screwed over by the system?

To make matters worse on this whole situation I was never informed for over 8 months that treatment was recommended. I hired an attorney, but the 40 days was the best he did for me. No one asked if I could afford the monitor either. Any advice? thank you


Asked on 7/25/00, 10:01 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: concurrent?

I'd recommend you discuss this (the number of days, where, issue) with your lawyer. Perhaps he/she can contact the probation officer and-or judge as well as any other players, and work out an equitable solution that will be better for you.

"Ability to pay" for the monitor is a material issue under the statutes, as I recall, but it should have been raised at the time of sentencing. My fear there would be a judge saying, "oh, you can't afford it, eh? Then we'll just let you do straight time instead." Lots of clients would do day labor to pay for the monitor and avoid straight time if they could.

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Answered on 9/14/00, 3:00 pm


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