Legal Question in Criminal Law in Minnesota
po
my po has violated me and requested me to execute my prohbation and serve 18 months and i wanna know if they will take me straight from court to jail or will they give me a date that i would have to turn myself in?
2 Answers from Attorneys
Re: po
That would be up to the Judge, but I imagine they will immediately take you into custody under the circumstances you describe.
Re: po
On a probation violation, you may contest the alleged violation and seek what is called a Morrisey hearing. This is an evidentiary hearing wherein you may contest the probation violation and provide to the court any reasons wht the probabtion violation occurred. After the evidence is adduced, you may argue potential consequences to the court.
After the hearing, the court may determine if you should be taken into custod or whether there is a report date. The result often depends on the nature of the charge and the nature of the violation. There is NOTHING in your post that would indicate a Judge would be more inclined to have you taken into custody immediately as implied by the other response.
A misdemeanor offense, for example, is less likely to result in immediate custody than a felony.
You would be wise to hire counsel regarding your probation violation issue.
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