Probation is an alternative to prison. If you aren't sentenced to prison, you will almost always be put on probation as part of your sentence after pleading or being found guilty of a criminal offense (or during a stay of adjudication). The length of a probationary sentence depend on the type of crime. And the terms of a probationary sentence also vary and are specific to each defendant. Common terms of probation include: jail, electronic home monitoring, work programs (e.g. sentence to service), treatment / therapy, fines, restitution, and restrictions on contact.
When Can Probation be Revoked?
Before your probation can be revoked — and an additional punishment imposed — the state must prove that you were subject to specific conditions of probation (that is, you were supposed to follow certain requirements), that you violated those conditions, and that the violation was intentional or inexcusable. The state must prove these elements by clear and convincing evidence at a probation revocation hearing.
At the revocation hearing, you have a right to challenge the state’s evidence and to argue for a lighter punishment than what the state is demanding. This is where a probation violation attorney comes in. A skilled criminal defense attorney may be able to challenge the state’s evidence or provide a justifiable excuse for the violation.
Contact the Balmer Law Office — Minnesota Criminal Defense Attorney
If the state is alleging that you have violated a term of your probation, contact the Balmer Law Office for a free, confidential case evaluation. Minneapolis criminal defense attorney David Balmer will review your case and discuss your rights and possible defenses to the charges. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
Based in Minnetonka, the firm practices in Hennepin County and throughout Minnesota.
