Legal Question in Criminal Law in Minnesota

I got a dwi and felony drug possession charges in '08' I had to do heaps of UA's and always past. I was on a call system with a color code, one time I forgot to call and they came to my house and arrested me for not showing up for the UA. I took the UA in jail and past. Than I only had to do randoms when my PO sent me a notice to appear for one. I failed one. I had to take a week long drug class and pass it as well as pay for the class. I honestly am not this big time drug user. I had a very bad divorce with a huge custody battle that I lost due getting my dwi and felony during the divorce. I was out not to long ago and people were smoking some pot, I made another bad choice, and smoked the joint with them. The next day I got a notice to appear to test. That was the 15th of June, I prayed I would pass. but I just got a notice from the court staying I failed and it is recommended that the stay of adjudication of sentence be revoked. I have a court date set for this hearing.

I am a home owner (first time ever in my life even the 12 years of marriage can I say this), I work 45 hours a week and pay $350 a month in child support. I am not a bad person. I made a mistake and I have been paying for my mistake greatly. (I was a school bus driver) I lost my job, and my son.

Would the court take any of that into consideration? What do you think will happen to me when I go to court on this violation? Could they make me go to jail? I have a daughter to take care of and of course everything to do with my house/payments. If I have to goto jail I will loose my job, and my house.

Should I have an attorney with me when I go to court? Or could I get one appointed to me while sitting in the court house for hours waiting for my case? I am in Ramsey county but the offense took place in Washington, so this hearing will be held in Stillwater court house.

Also, one other question, if my PO wanted to give me a break could she? I mean sense she has not called me about this violation and just set up court date, would it even be worth my time trying to talk to her and explaining what had happened and how sorry I am. Could she than dismiss this court hearing/date?

Thank you for all your assistance.


Asked on 7/19/10, 2:33 pm

1 Answer from Attorneys
Landon Ascheman Ascheman Law

There are several questions presented above. The most important question is whether you should have an attorney with you. In a case such as this there are many details and factors that come into play. There are issues, options, and factors that are not readily apparent to the average defendant.

Many of the facts in the situation may be taken into account by the probation officer - this depends on many factors - including the probation requirements - the Probation Officer - the corporation with the court - ect.

Although the PO may be lenient, but chances are that the hearing will not be cancelled, and in most cases it is best to have a plan to talk to the PO at court before the hearing to determine the issues and what can be done to work things out at the hearing

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Answered on 7/20/10, 1:38 pm


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