Legal Question in Criminal Law in Minnesota

Re: Probation Violation

If a person who is on probation to the court after being convicted of a crime, such as DWI, is alleged to have violated a condition of probation, typically a probation officer (court services) may request the sentencing judge sign an "Arrest and Detain" (or "A & D") Order, directing the person be arrested and held for a probation revocation hearing. Or, the probationer could be summoned to a court hearing (this is rare). At the hearing, the judge may decide (1) whether the probationer materially violated a condition of probation; and (2) if so, the appropriate sanction. The maximum jail term would be either the amount of time "stayed" at sentencing, or if no sentence was imposed, the statutory maximum for that crime.