Why are They Violating my Probation?
Being charged with a probation violation in Minnesota can be a scary and distressing experience. This is particularly the case because of what the Court may do to you as a result. Because you’ve likely already been convicted of the crime, there may be a long time hanging over your head. As a result, it is important to determine why probation thinks you violated but also what they might do to you. One of the steps you should take is to sit down with an experienced Minnesota criminal defense attorney to figure out what steps you should take. This is a multi-part article on probation violations. Click here for Part II on the what probation can do to you.
“Probation violations can sometimes be more serious than when you faced the underlying charge and you could get hit harder because of it.
Why was I Violated?
If you have been convicted of a crime in Minnesota, it is likely that the Court placed you on probation for a period of time. As a result, they should have provided a list of conditions you were obligated to follow. In addition, the Court should have made it clear the amount of time they were hanging over your head that they might impose in the event that you violated any one of those conditions. A probation violation may take place because probation believes that you have failed to fulfill one or more of those convictions.
There are some common reasons Probation may violate your convictions of supervision. These include:
Failure to Stay in Contact: You may be required to stay in contact with probation either through face to face meeting or over the phone. A failure to appear as a required could result in a violation.
Failure to Remain Law Abiding: A common requirement of probation in Minnesota is a law-abiding provision. If you have been charged or convicted of a crime, this could easily result in a violation of your probation.
A no-use Provision:: Probation often adds a no use provision for drugs or alcohol in certain types of cases. These usually involve cases where either was a component of the underlying charges, but not always. Regardless, these sometimes come with random testing to determine compliance.
Domestic abuse or anger assessment programming: Many cases that involve violence also include an anger assessment of domestic abuse programming. This programming can sometimes take time and a failure to complete a program could trigger a violation.
Leaving the jurisdiction: A very common conviction of probation here in Minnesota is leaving the state without probation permission. This may seem simple and travel is sometimes necessary. And yet, probation may see this as an effort to avoid probationary oversight and compliance.
“Triggering a probation violation can come with lots of immediate ramifications including a warrant for your arrest. It can get worse from there.”
Why can a Probation Violation be Catastrophic?
Some Judges in Minnesota think that they might cut you a break as a result of initial charge. That same Judge may look at a violation as a sign of disrespect or a misunderstanding of the seriousness of the Court or of the underlying charge. The fear here in that a Court may feel free to make is very clear just how seriously they look at the charge or your dismissing their authority. Hence, this could become catastrophic very quickly so its important to handle it with as must seriousness as possible. Consult with an experienced Minnesota criminal defense attorney.
Jack Rice is a nationally known criminal defense attorney based in St. Paul, Minnesota. He is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm. If you are facing a probation violation or maybe an initial charge, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.