Legal Question in Criminal Law in Minnesota
I am currently on probation for two counts of criminal sexual conduct for which I was sentenced in March of 2015. My sentenced included 30 days jail time , which I served prior to the sentencing hearing, 15 years probation (7 years stayed prison time), 600 hours community service, and sex offender treatment. I was previously given the impression that I could be released from probation early upon completion of the community service hours and treatment program, provided I had no probation violations. All of which is true at this time; however, upon meeting with my probation officer this morning I was told that I have to serve a minimum of 6 years probation regardless of my good behavior. Is this true? Is there any way I can make an appeal to be released in fewer than 6 years? Nowhere in my paperwork can I find any indication of a minimum probation period.
3 Answers from Attorneys
I would tend to side with your probation officer. Being released from probation after only a year when when probation was for 15 seems very unlikely. Unless your impression is documented somewhere you are most likely out of luck. Your impression is going to carry little to no weight in any type of appeal. If it is documented somewhere feel free to call an attorney or two.
You can petition the court to release you from probation early. However, one year into a 15 year probation makes it very unlikely that any judge would authorize early release. Especially against the wishes of probation.
I agree with my colleagues. It's too soon. I don't know of any law that sets a minimum, six years, or otherwise, but I think that any judge will say that one year is just too soon. Stay on the straight and narrow for a while longer. At some point, hire an experienced attorney and have him or her file a motion for early discharge. That will give you an opportunity appear in court and ask the judge to cut you loose early. You sure could try now, but I think you're unlikely to succeed. 651-994-6744
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