Legal Question in Criminal Law in Minnesota

Re: Probation violation

In Minnesota, this would be a "judgment call" -- the judge's call If a convicted person with a stayed felony sentence violates any condition of the stay ("probation"), then the judge can revoke the stay and execute the felony (prison) sentence.

Whether a judge will do that is up to the judge, but there is law that should guide the judge. If it is a relatively minor violation, that would be treated less harshly than a more severe violation, for example. A judge can continue the probation with or without some intermediate sanctions, including more severe conditions, or some county jail ("workhouse") time.

Keep in mind also that the probation officer is typically very influential in these matters.

The allegation of a violation of a condition of probation is just that -- an allegation. You have the right to a hearing on whether there really was a violation, and if so, how sever it might have been, and what remedy is justified under the circumstances.

The best plan would be to have a good criminal defense lawyer working with you and for you on this.

Re: Probation violation

Response: The judge has a lot of discretion about what can be done.

My guess is that a person would not face execution of remaining

jail/prison time for failing a UA. Perhaps the court would impose

some additional jail, but not all of it. But, it depends on the

judge.

Meanwhile, showing the judge that the defendant has been in

compliance will certainly help.

Herb Kroon