Criminal Attorney Shakopee, MN
If you are on probation, it is most likely because you were convicted of a criminal act and the probation is taking the place of jail time. You are free, but you have conditions that you need to abide by in order to remain on probation. This is one reason why it is important that you are aware of your probation terms and that you adhere to them.
Unfortunately, there are times that probation is violated accidentally and other times it is violated on purpose. Regardless of why it was violated, it is important to have a criminal defense lawyer representing you throughout the entire matter. Even if you feel like there is no hope in the situation, it is possible to receive a favorable outcome when you have an experienced attorney advocating for you.
Challenging Probation Violation Accusations
There are two types of probation violations: technical violations and direct violations. The following are descriptions of each:
- Technical violations – A technical violation can occur because probation officers changed, a person may have believed their probation was over, or another unintentional act. The error has to be proven so that it can be seen that the violation was not the defendant’s fault.
- Direct violation – Intentional violations fall under this category. Failing a sobriety or drug test, not showing up at drug counseling, or not adhering to one or more of the terms of probation can result in a direct violation. While the act may have been intentional, it can still be defendable so that you can possibly avoid serving the rest of the jail or prison sentence.
Even if it was a technical violation, it is still ideal to have your attorney evaluate the matter since it still needs to be proven that the violation was a mistake. If the violation was a direct violation, it is possible to avoid going back to jail by having probation extended or adding community service to the punishment. The goal is to keep you from going back to jail or prison.
You will be asked if you admit or deny the violation. If you deny the violation, an evidentiary hearing will be held. This hearing puts the burden of proof on the state of Minnesota. The prosecution does have to prove that the violation did occur, while your Minnesota defense lawyer works to prove that you didn’t violate your probation or that you didn’t violate it on purpose. If it is found that you did not intentionally violate the terms of your probation, then probation will continue as normal.
Contact A Shakopee Criminal Defense Attorney
When probation is in place, an individual has to follow every term of it or they can be sent back to prison. If you have been accused of a probation violation, it is your right to defend yourself against the charge. With the help of an experienced criminal defense lawyer, you can do that. To learn more about your rights and options, call Langemo Law at 952-556-0056 for a free consultation.