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.

If the Court is going to execute the probationer’s sentence (meaning he or she will have to serve the remaining sentence that was stayed), the Court has to make specific findings that the policies in favor of probation are outweighed by the need for confinement.
The Court has wide authority to impose various sanctions for probation violations. These sanctions can include additional jail time, an extension of the probationary period or even an executed sentence. It is of the utmost importance that a probationer has an attorney representing them to be an advocate. The attorney can argue that there was never a violation of probation in the first place or argue for a lesser sanction. Attorneys have the knowledge and experience to understand whether the State has met its burden of proof relative to the violation and how to argue for a mitigated sentence in the event that the violation has been proven.

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Experience defending: DWI | Assault | DWI | Felonies | Order for Protection Violations | Probation Violations Traffic Violations in Rogers, Maple Grove, Elk River, St. Michael, Plymouth, Monticello, Minneapolis, Albertville and surrounding cities.

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