Courts routinely impose a wide range of probation conditions, and Minnesota law does not provide any general limitations to the conditions that a court is permitted to set. Some conditions may include community service, payment of restitution to victims, drug rehabilitation or mental health treatment, or electronic monitoring. The state may also establish correctional fees that probationers must pay as long as those fees are related to the cost of correctional services the ability of a probationer to pay. The potential length of a probation term is set forth by statute:
- Up to four years for felonies, or up to the maximum prison term that could be imposed, whichever is longer;
- Up to six years for certain felony criminal vehicular offenses or gross misdemeanor Driving While Impaired (DWI);
- Up to two years for certain domestic assault-related misdemeanors and other gross misdemeanors aside from DWI; and
- Up to a year for all other misdemeanors.
Revocation of Probation
A prosecutor or a probation officer may initiate a probation revocation proceeding if it becomes apparent that a probationer has violated any condition of probation or has committed a new criminal offense. If the court finds that a probation violation occurred, and the violation was intentional or inexcusable, then it may revoke the grant of probation. Once probation is revoked, the court may impose a jail or prison sentence. It may also decide to establish new or amended probation conditions.
If a probation officer suspects that a violation has occurred, he or she will write a report to the court detailing probable cause for the violation. The court will then likely set a hearing where the probationer is given the opportunity to admit or deny the alleged probation violation. If the violation is admitted, then the court will ask about any mitigating circumstances that may help the judge determine the right sanction. If the violation is denied, then the court will hold an evidentiary hearing where the prosecution has to prove by clear and convincing evidence that the violation took place. Probationers should seek the assistance of a criminal defense attorney if they find themselves in the middle of probation violation proceedings since revocation of probation is a serious matter that may result in jail or prison time.
Expert representation can help you navigate the serious issues involved if you have been accused of violating your probation. The Kans Law Firm, LLC, can provide you with a seasoned advocate who will fight to keep you out of jail or prison. Call us now for a free initial consultation at (952) 835-6314.