Legal Question in DUI Law in Minnesota

Re: Failure to complete community service that was sentenced

The hearing you have scheduled is undoubtedly a probation violation hearing. Since you did not complete the conditions of your probation, whatever part of your sentence was stayed is about to come down on your head.

If you were given 80 hours of service, this sounds like it was not your first DWI. You are in serious trouble and need a lot more help than you can get from Law Guru.

What you can do to help yourself depends on what reason you can give for missing the community service. Whatever the story is, it will get told better and louder if you have a lawyer to help you with it. Folks who try to do this on their own tend to either freeze entirely or at least do a poor job of telling their story.

There must be something. Your mother died. Your wife was sick. Your child needed her tonsils out. You were injured at work. Something.

Even if you say that the reason is that you were drunk, BUT now you have started chemical dependency treatment - that would be better than nothing - maybe even better than "my mother died."

For Pete's sake call a lawyer. If this is how you've done so far without one, I rest my case. (By the way, you can reach me at 9520544-6356.)

Re: Failure to complete community service that was sentenced

You dod not indicate what degree offense you were charged with originally. That will certainly affect the outcome of your case.

The worst case scenario is that the sentenceing Judge executes any jail time previously stayed. if this was a first offense, that is up to 90 days.

In most cases, a lawyer will be able to have you reinstated on probation and complete the community service. For a FREE consultation call 952.831.5000 or visit us at http://www.dwicounsel.com

Re: Failure to complete community service that was sentenced

If a person is placed on probation, that means that the judge either "stayed the imposition of sentencing" or "stayed the execution of sentence." The word "stayed" here means "postponed as long as you meet certain conditions -- the conditions of probation." If you violate any of those conditions, including a condition of completion of community service hours, the judge can "revoke" the probation, and "impose" and-or "execute" all or part of the jail time and fine not already done -- up to the maximum for that conviction. By the way, for a gross misdemeanor, you could get up to twelve months in the county jail ("workhouse"). The worst case scenario is the judge gives you all the jail time and fine not already served and paid.

Typically, community service is given instead of jail time. Often judges consider 8 hours community service as a substitute for one day jail. So, 80 hours community service might be viewed as the rough equivalent of 10 days jail. If this is your first and only probation violation, I would not be surprised if the judge decided to make you serve the 10 days, since you failed to perform the 80 hours community service.

But, a lot depends upon the judge, the probation officer, you, and whether you have a lawyer. I have done many of these probation revocation, or "Morrissey," hearings over the years. Call me for a free consultation if you like.

You need a lawyer.