Legal Question in Criminal Law in Minnesota

will they excute my 48 mo sentence?

I was put on Probation for 25 Yrs for 2nd Degree con. sub in january 2003. It was a Departure from the guideline sentence. The Judge told me she did not want to see me in her courtroom again. Well I just got a violation for not completeing cognative skills class and failure to maintain contact. I missed a class so i was kicked out. I renrolled in the class and have completed it. when I was kicked out of the class I also Missed my po meeting later that month. I have been to court and the Judge told the proscuter and My po to reconsider their 30 days of out of custody sts sentence cause of the 25 years of probation i got.I was hinted to by the Judge that I should get an attourney and the case was continued. I didn't feel a lawyer would make much diff just so long i was back on track. This was my first violation and have been on prob for 2 1\2 years. what do you think will happen? Why wouldnt the judge agree to the 30 days? How could a lawyer help me in this case? I have to go back to court later this month.


Asked on 8/03/05, 7:04 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: will they excute my 48 mo sentence?

It is difficult to assess such a situation based upon a brief report, and without being the defendant's retained counsel and devoting time to thoroughly investigate the facts. That said, if the judge hinted you should get a lawyer, then (1) it could be that the judge is considering a much more severe sanction; and (2) it's generally a good idea to take a hint from a judge. If you do get a lawyer to help you with it, it may give the judge an "excuse" to change her mind and reconsider the more harsh sanction she was prepared to execute.

I think you are on the right track, to remedy every lapse and comply 100% with all conditions from now on. To some extent, time is your friend since continued compliance lends itself to a "post-violation rehabilitation" argument. Good luck.

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Answered on 8/03/05, 1:42 pm


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