Legal Question in DUI Law in Minnesota

Re: probation violation

Oh boy!

You were given a suspended sentence on condition that you do certain things, including your treatment. The consequences are that you will be scheduled for a hearing on the subject of why the rest of your sentence should not be served. You should know what's hanging over your head. You were there when the judge gave it to you.

Before that hearing you better get back in there and resume the treatment. Complete it if possible.

Sounds as if you are in big trouble and need a lawyer.

Re: probation violation

Probation is, essentially, a penalty of incarceration and-or fine which is "stayed" as long as you comply with certain conditions. If you violate a condition of probation, the court can "impose" and-or "execute" the stayed sentence, up to the full amount of jail/prison time and-or fine which had been "stayed."

The probation officer is responsible for supervising people on "probation;" and this includes requesting a "probation revocation hearing" -- typically along with an "Arrest and Detain Order" ("A & D") requested from the judge, executed by the Sheriff or other Law Enforcement Officer.

Of course, every effort should be made to avoid violating a condition of probation. After it's too late for that, it's usually a good idea to contact a criminal defense lawyer right away, and often then your probation officer (to try to make it right with them).

If it the probation condition involved is chemical dependency treatment-related, for example, it would make sense to do as much as could be done at that point to address the underlying concern, on an ongoing basis. This could include complete sobriety, AA meeting attendance, a sobriety-supportive living situation, crisis hospitalization, and so on.

At a probation revocation hearing, the judge will be asked to decide if the defendant did in fact violate a condition of probation, substantially enough to justify a finding of a violation; and, if so, what is the fair and appropriate level of sanction for that violation. It is not necessarily the case that the worst possible outcome will occur. It is unusual for a judge to execute all stayed time and fines, since most probation violations can be addressed with continued probation and intermediate sanctions (including less than all stayed time, etc.)