News & Events

Probation Violations

What Happens if I Violate Probation?

When an individual violates probation, the probation agent generally files a probation violation report which starts a court process to address the consequence for the violation. At a probation violation hearing, the probationer is entitled to be represented by counsel and the State is required to prove by clear and convincing evidence that the probationer:

  1. Violated probation
  2. That the violation was willful and intentional
  3. That a sanction is appropriate.
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Probation in Minnesota

What is Probation?

Probation is a generic term that applies to felony, gross misdemeanor and misdemeanor sentences that are not executed. Executed sentences are those require you to serve jail or prison time. Upon completion of that sentence, you are no longer under any court ordered supervision. The Court generally has the option of not executing the sentence, and instead can “stay” a sentence and requiring a term of probation. When the Court stays a sentence, the Court “hangs” a sentence over the probationer’s head. This gives the court the option of ordering some, or all, of the sentence in the event that the defendant fails to abide by the terms of probation. Which will result in a "probation violation". In the event of a probation violation, it is in the defendant best interest to obtain a lawyer to avoid any other charges or to reduce the consequences of said violation.

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Enhancement Domestic Assault & 5th Degree Assault

What is an "Enhancement"

Enhancement (making a crime more serious because of prior convictions) is a confusing subject for many people charged with crimes, especially in the context of 5th Degree Assault and Domestic Assault. Many folks instinctively understand the idea that some charges get more serious if you have prior convictions for the same offense. For example, I’ve never had a client who was particularly confused about why they were charged with a gross misdemeanor or felony Driving While Intoxicated (DWI). Almost invariably, clients understood that their prior DWI convictions meant that their current charges were going to be more serious. They also didn’t seem to struggle in other contexts either such as No Proof of Insurance, Orders for Protection, or Harassment Retraining Order Violations.

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Domestic Abuse No Contact Order [DANCO]

DANCO Violation - What You Need to Know

Violating a DANCO is almost always as serious of an offense as the underlying domestic assault charge. Throughout my career, I have handled Domestic Assault cases, in which a DANCO proved to be a major pitfall for many of my clients. In all of the pretrial Domestic Assault cases and most of the probationary Domestic Assualt cases there was an active Domestic Abuse No Contact Order. Minn. Stat. §629.75, a court order prohibiting the defendant from having contact with the alleged victim and, almost invariably this includes, any children who live in the home. This order is frequently issued without any input from the alleged victim and sometimes over their objection. The DANCO remains in place while the charges are pending and continues to remain in place if the defendant is placed on probation. Only the judge can lift a DANCO. The alleged victim cannot “lift” the DANCO even if she or the children want to have contact with the Defendant. 

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Welcome Criminal Defense Attorney, J. Matthew Holson!

We are pleased to have criminal defense attorney, J. Matthew Holson, join our Martin & Wagner law team. Known for aggressively defending the rights of people charged with crimes of all types, Matthew been fighting MN criminal cases since 2004 including DWI, traffic violations, assault, and other misdemeanor and felony charges. He has dedicated his entire career to helping people navigate the court system backed by a deep understanding of Minnesota laws as well as criminal justice, which allows him to help fight for defendant's rights, reduce charges when possible, or get charges dismissed.

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Office Space for Lease in Rogers

New Martin Professional Building in Prime Rogers Location Off I-94 & Hwy 101

UPDATE: Construction just completed on the new MARTIN PROFESSIONAL BUILDING. With unobstructed views from I-94 and the 93,000 cars/day traveling by, your company's building signage will have unparalleled visibility. Just minutes from the retail area of Rogers, the executive office building has been designed to project a professional, polished image with architectural details and 2-story stone entry.

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We've Moved!

New Year, New Home!

Come see us at our new offices in Rogers MN! We are now located on the 2nd floor of the new Martin Professional Building at 21330 John Milless Dr, Suite 201, Rogers, MN 55374. We're between Rogers Printing and Art Barbarians and just one building North of our old office location.

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What is Estate Planning and Why is it Important?

The term “Estate Planning” simply refers to the process of making a Will as well as executing other important documents such as a Power of Attorney and a Health Care Directive. Estate Planning is not just for the well-to-do, it is for everyone! Estate planning attorneys help you determine the best options. If you own assets, no matter how big or small, you need a Will. If you want help managing and planning your financial affairs if you become incapacitated or die, you need a Will. If you own real estate you wish to pass on to your loved ones or a special charity, you need a Will. Consulting with an Estate Planning attorney to explore options that are right for you. These can often be difficult decisions and can lead to major conflicts if not spelled out in a Will or directive. 

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Determining Parenting Time in Minnesota

Parenting time, once referred to as "visitation," is time that a parent spends with their child(ren)

As family law attorneys, we commonly see parents in conflict, sometimes major conflict, when attempting to establish a parenting time schedule. Whether unmarried parents who have separated or married parents who are getting divorced, it is extremely important for both parents to work together to set a parenting time schedule. If you can't do it together, with an attorney or a mediator, a judge will make the decision for you based on the best interests of the child(ren).

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Join Us at the Rogers Senior Fair 2016

The City of Rogers is hosting their annual Senior Fair with food, fun, services and products geared just for seniors. Martin & Wagner is a proud sponsor of this event every year and our estate planning attorneys look forward to answering the questions that so many seniors have about estate planning, Wills, trusts, health care directives, and other topics that concern the mature community.

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Super Lawyers Names Becky Martin Rising Star for 2nd Consecutive Year!

Every year, Super Lawyers selects the top attorneys throughout the US and London from all different firm sizes and more than 70 practice areas. In both 2015 and 2016, Super Lawyers recognized Becky Martin as one of the Rising Stars in Minnesota.

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Changing a Child’s School after Divorce in Minnesota

Change is an unavoidable consequence of any separation or divorce. There are a few obvious changes that children will inescapably experience including their family structure, time spent with parents and how/where they spend their time. Another change that can occur is in regards to where they go to school. While we strongly urge parents to try to prevent a change in their children's schools, as it most often comes with arguments between parents as well as a change in neighborhoods (and in turn affects their friendships), we know that this is not always possible.

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Groundbreaking for the Martin Professional Building

Groundbreaking for the New Martin Professional Building to be held Wednesday, July 13 in Rogers, MN

Martin Professional Building is a new 2-story, multi-tenant professional office building and new home to Martin & Wagner, P.A. breaking ground on a .7 acre former vacant site in Rogers at 21330 John Milless Drive, the same street as the Rogers Library and the Chamber of Commerce. The new 7,930 square feet building will provide modern office space to the growing law firm of Martin & Wagner, P.A. on the second floor. The first floor is available for lease either in its entirety as 3,000 square feet or can be subdivided for 2 businesses. The first floor will be built to suit the tenants’ needs.

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How Child Support is Determined in Minnesota

Divorce & Family Law Attorneys Base Child Support on MN Guidelines

Children need financial support from both parents. According to Minnesota law, a child has the right to be financially supported by both parents. Child support is ordered whenever a married couple with children divorces or legally separates or when an unmarried couple has a child and paternity is established. As divorce attorneys, we calculate child support based on the MN Child Support Guidelines.

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Who Gets the Engagement Ring in MN

This is one of the top ten most common questions we get asked as Divorce Attorneys!

Under Minnesota Law Who Gets the Engagement Ring Depends

Minnesota law states that "an engagement ring is a conditional gift" and the condition of the gift is marriage. So who gets the ring depends on if you're married or not married at the time of the break up and who bought the ring. That's the very simple answer though. Aside from etiquette, the law in Minnesota is clear on who gets the ring or the value of the ring regardless of who called off the wedding or ended the marriage.

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Martin & Wagner Voted Best Law Firm!

Martin & Wagner was awarded Best Law Firm in the 2016 Readers’ Choice Awards for North Crow News, South Crow News, and Champlin/Dayton Press! We are both proud and grateful to be a part of these communities.

The Readers also chose Martin & Wagner as best law firm in 2012, 2013, 2014 and 2015 - 5 consecutive years! Thank you to everyone who nominated our attorneys!

Debunking Divorce Myths

Are you, or someone you know, contemplating divorce, but scared to begin the process? Have you heard horror stories about divorce from friends or family? Divorce is a highly emotional event and every divorce is different. By educating yourself on the process of divorce, you will be in a better position to make this journey. Let us debunk some common divorce myths for you

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Becky Martin Named Super Lawyers Rising Star!

Every year, Super Lawyers selects the top attorneys throughout the US and London from all different firm sizes and more than 70 practice areas. In 2015, Super Lawyers recognized Becky Martin as one of the Rising Stars in Minnesota.

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Martin & Wagner Named Best Law Firm

Martin & Wagner was awarded Best Law Firm in the 2015 Readers’ Choice Awards for North Crow News, South Crow News, and Champlin/Dayton Press! Thank you to everyone who nominated our attorneys!

The Readers also chose Martin & Wagner as best law firm in 2012, 2013, and 2014!

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Mediation 101

What Is Mediation?

Mediation is a different approach to resolving your conflict that offers a private and personal way to reach an agreement that saves time, money, and stress.

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The Divorce Process In Minnesota

The first step in the Divorce Process is obviously making the decision to divorce. Whether or not to stay in an unhappy marriage can be a difficult decision. Once that decision is made,

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7 Tips To Help You Prepare For & Get Through The Divorce Process

It can be overwhelming when considering divorce and facing the legal process, but there are steps you can take to help you through so you can begin to find new life and growth in your future.

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Probate Problems: Identity Theft Wreaks Havoc Even After Death

Probate can be fairly simple, but there are some situations where things get complicated. Every year, nearly 2.5 million deceased American's identities are stolen and used

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Who Needs A Prenuptial Agreement?

Many people think the rich, the upper class, and the famous are the only couples who need or want a prenuptial agreement. In reality, average

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Martin & Wagner Named Best Attorney

Martin & Wagner was awarded “Best Attorney” by both the North and South Crow River News in February, 2014! We are proud to be a part of the community!

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