Probation Violation Attorney in St. Paul, Minnesota

Probation violations are often worse than original charges in Minnesota.

St. Paul Award-Winning Probation Violation Lawyer

Probation violations are frequently more difficult to deal with than the original underlying charge. You could face more time in custody from the violation than from the original conviction. Therefore, it is vital to do everything necessary to defend against possible violations. First, it’s important to clarify whether or not there was a violation.

Just because a probation officer claims it does not necessarily make it so. The state has the burden to prove the violation. At the same time, in the event that you did violate, Jack Rice Defense does not stop there. This is sometimes when we can do our best work. No matter what the situation, you should never go into it alone. Experience, aggressiveness and imagination. Jack Rice Defense employs all of these things and will have your back.

Jack Rice, J.D. - Founder - St. Paul Probation Violation Defense Lawyer

What Our Clients are Saying

Award-Winning St. Paul, Minnesota Probation Violation Attorney

Probation violations are always of the greatest concern. First of all, the only way to actually face a probation violation is if you have already been convicted of a crime and then subsequently placed on probation. Only then can you face a possible violation. The problem of course is that the ramifications of a violation can potentially be far far worse than the original underlying charge.

When a Judge sentences somebody to probation, the Judge sets a series of requirements that the person must meet while on probation. In addition, the probation officer themselves can add additional requirements that must also be met.  It is critical to understand all of those expectations from the beginning. At the same time, the relationship that one establishes with their probation officer can be equally important. We have represented clients who have been able to develop really close and supportive relationships that result in their probation officer being their biggest cheerleader in the room. We’ve had other clients who have been sabotaged over and over by their probation officers no matter how hard they tried.  While that may not seem fair, that is the truth. It’s important to know which one you have.

What to Expect After a Probation Violation in Minnesota

When we step into a probation violation, our first step is to assess that client/probation officer relationship.  Is this the cheerleader relationship or is this the saboteur or somewhere in the middle? Next, it’s critical to determine what is exactly at stake here? Could the client go to prison? To jail? Lose a deal that might be pending as a result? Could this result in a possible conviction? A New conviction? Is it their first violation? The fifth? All of these issues have to be determined to understand just how bad this could get and it also changes how we might handle each. 

The next step is to see if there is a way to avoid the violation? Did it happen? If not, how? If so, then what? What is it that should have been addressed?  What is it that needs to be addressed? Is it logistical like contact or housing or a job? Is it mental health that requires treatment? Is it a chemical that to requires treatment? Is it a new charge?

Because probation violations can be catastrophic if not handled correctly, having an experienced criminal defense lawyer who knows the players, knows the system, knows the possible responses and opportunities is absolutely critical. If you are facing this possibility, sit down with an Award winning, Board Certified Criminal Law Specialist like Jack Rice.

 Recent Blog Posts on Probation Violations in St. Paul, Minnesota

FAQs About Probation Violation in Minnesota

  • When you are released from prison or are sentenced to probation for a crime you have committed, you are required to abide by the conditions of your release. These may include not engaging in criminal activity, submitting to random drug and alcohol screenings, not owning a firearm, and other conditions. When you do not abide by one or more of these rules, it is considered a probation violation.

  • A probation violation defense attorney should be proactive and be ready to get started on your case right away. Your attorney should also be honest with you about your rights and about the possible outcomes to your case. It also helps to have a Board Certified Criminal Law Specialist.

  • Yes, just as any claim or criminal charge can be dismissed by the courts, so can a probation violation. This depends on whether your criminal defense attorney can effectively argue that the charge should be dismissed. It may also be dismissed if prosecutors find they do not have enough evidence to prove you have violated your probation.

  • You may be able to avoid a probation violation in St. Paul by working with an experienced probation violation attorney who has the acumen necessary to construct an effective defense. Don’t try to argue against an accusation of a probation violation on your own.

  • Common probation conditions include abstaining from drug and alcohol use, maintaining employment, paying court fees, submitting to random home visits and/or drug and alcohol testing, and attending treatment for substance abuse, mental health, or sex offenses, depending on the crime committed.

  • Probation is meant to be a substitute for other punishments the court may have imposed as a result of your conviction – for example, time in jail. If you violate your probation, you may have to serve that time in jail or pay hefty fines that are related to your initial crime. A judge may also tack on additional punishment for violating your probation, such as a longer sentence, new probation terms, or a larger fine.

  • An experienced probation violation attorney can help determine not just the violations but what probation is trying to accomplish. Being proactive and helping probation “get what they want” while at the same time protecting their client can make all of the difference.

  • If you initially committed a crime and were sentenced to probation, you may certainly be sentenced to time in jail. However, the terms of your probation may also become stricter (possibly even house arrest), or you may be forced to pay fines or perform community service.

  • Having an experienced criminal defense attorney is most critical if you have been wrongfully accused of a probation violation. This basically becomes a mini trial with even harder standards of proof for the accused.

  • You should only put your trust in an experienced, professional, and compassionate probation violation attorney if you are facing a probation violation. There are serious repercussions to a probation violation that need to be addressed by a professional who has knowledge of the laws in MN.

  • Jack Rice is an experienced criminal defense lawyer who knows the players, knows the system, and knows the possible responses and opportunities. If you are facing a probation, sit down with an Award winning, Board Certified Criminal Law Specialist like Jack Rice.