Legal Question in Criminal Law in Minnesota

Re: Probation Revocation Hearing - original sentencing judge

The best way would be to have your lawyer help you with this. In my experience, in felony cases probation revocation hearings are generally before the sentencing judge, the judge who accepted the plea or verdict. If the court had set a probation revocation hearing in front of another judge, and the original judge was still on the bench, I would informally or formally (by motion) request the matter be heard by the original judge. If I wanted the probation officer at the contested hearing, I would ask him/her to come, and then subpoena him or her, if necessary. You could write the judge before the hearing, but in my experience this has been unwelcome, and has hurt the probationer's prospects. Better to have your lawyer speak and vouch for you. Any documents you wish the judge to see, would be best presented at the hearing (or if you want the court to be aware of them in advance, by giving a copy to the probation officer; and-or by having your lawyer serve and file along with a trial brief, affidavit, etc.). Work with your lawyer on these things.