Minneapolis Probation Violation Lawyers & Defense Attorneys

Copy of iStock_000001580255SmallHave you been accused of violating your probation? If you have, then you need an attorney by your side who has experience in helping those who have been accused of violating their probation. We can contact the Court on your behalf and your Bench Warrants may be quashed or cancelled, and a future court date set. Thus, your probation violations be addressed so that you can avoid being arrested.

Even if you did violate your probation and you know you must turn yourself in, it is good to consult with an attorney and have that Minnesota probation violations attorney next to you when you make that decision. Then you can go to the courtroom with a strategy and have defense team working on your behalf.

Failure To Appear For Hearings

If you fail to show for a probation hearing, you can have a bench warrant for your arrest issued by a judge. You need to talk to a probation violations lawyer before you step foot into the jail to turn yourself in for not showing up to court.

Here are some reasons why a probation hearing may be ordered in the first place:

  • Being arrested for DUI or DWI
  • Failure to report for drug testing or failing a drug test
  • Not checking in with your probation officer at the scheduled time
  • Not reporting for community service or STS
  • Moving and not notifying your probation officer
  • Getting a new job and failing to notify your probation officer
  • Being charged with a new crime (“failure to remain law abiding”)

When on probation, you are on probation because you are trusted to abide by the law. If you break the law in any way, then that is a probation violation. When you were put on probation, some or all of your original jail or prison sentence was stayed. When the court decides that a violation did take place, some or all of the original “stayed” sentence must be served. So if you had a 90 day sentence stayed for DWI and you violate your probation in any way, you will then need to serve part or all of that 90 day sentence in jail.

Admit-Deny Hearing

In Minnesota, you have the right to an admit-deny hearing. This is a hearing where you admit or deny that you violated your probation. If you admit your guilt, the consequences will be handed down. If you deny that you violated your probation, the burden is on the prosecutor to prove that you violated your probation. If they cannot prove it, then you are free to go.

If they do prove it, then part or all of your original jail sentence will be imposed. You need a criminal defense lawyer by your side in order to make a strong case for you that can refute the evidence presented by the prosecution. When you reach this phase, it is called the “Evidentiary Hearing” or “Morrisey Hearing.” The evidence presented by the prosecution must meet the “clear and convincing” standard of proof. If it is not “clear and convincing” enough, the probation violation charge will be dismissed.

Arrested?  We’re Available 24 / 7

Only a professional and highly skilled probation violation defense lawyer can make sure your case is properly addressed and handled efficiently. Our probation violation attorneys will thoroughly investigate the circumstances of your arrest, the arresting officer, interview any important eye witnesses, handle all court appearances and documents, and guide you through the criminal justice system to your freedom and peace of mind. If you have questions regarding your probation violation charges, potential penalties and risks, or strategies for defending your rights, call our law office at 952-913-1421 or use our online contact form. You have rights – we protect them.

Our Minneapolis DWI defense lawyers represent clients charged in criminal matters throughout the Twin Cities Metro Area and throughout the entire state of Minnesota including such counties as Hennepin County, Ramsey County, Scott County, Dakota County, Washington Counrt, and Sherburne County. We also represent clients throughout Anoka, Andover, Apple Valley, Blaine, Bloomington, Burnsville, Champlin, Chaska, Coon Rapids, Eagan, Edina, Eden Prairie, Lino Lakes, Lakeville, Maple Grove, Maplewood, Minnetonka, Minneapolis, Plymouth, Richfield, Robbinsdale, Roseville, Woodbury and White Bear Lake.