Legal Question in Criminal Law in Minnesota

Probation Violation- Risk of executed prison commitment

At the time of sentancing the judge diverted from the sentancing guidelines, which called for 48 months. and sentanced me to 90 days jail.

I received a Driving after suspension, which violates my probation

My probation officier, is reccomending 20 days of STS

However the proscutor still wants the 48 month commit.

Is there substantial risk that the judge will execute a prison commit, or go along with the probation officiers recommendation.

which is more likley ?


Asked on 9/02/04, 11:45 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Probation Violation- Risk of executed prison commitment

Many factors seem to influence what a judge will do in terms of sanction for a proven or admitted violation of probation. I cannot possibly know all the relevant factors in your case, nor are they addressed in your question. The recommendation of the probation officer generally does influence most judges quite a bit -- good or bad. Given the scenario you present here, I would be surprised if a judge would execute the 48 months prison time, for a DAS, especially if there have not been prior violations. You should work with your lawyer on this.

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Answered on 9/07/04, 12:06 pm


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