Legal Question in Criminal Law in Minnesota

Re: Probation maximum length

"Probation" is really a period of time in which execution or imposition of a sentence is "stayed" upon various conditions. By law the maximum period of probation is equivalent to the maximum penalty specified for the statute of conviction. Therefore, if the maximum possible prison term under a given criminal statute is ten years, then ten years is the maximum length of probation. (Note that something called "conditional release" can prolong something similar, beyond that time period.)

Sometimes judges will stay a sentence for the entire maximum allowable period, sometimes less. Therefore, though 10 years probation might be possible for a given crime, at the sentencing hearing the judge might "stay" the execution of an imposed sentence for, say, five years. Regardless of the maximum allowable period of probation, the judge's announced period of time for the "Stay" is what matters (though it cannot be longer than the statutory maximum potential sentence).

And, regardless of the length of the stay (or probation), one can make a motion to the court for early termination of probation.

Re: Probation maximum length

For a burglary charge, the probation period is often three years. However, he can be discharged early if the probation officer deems it advisable.