Probation Violations

Probation is often seen as a second chance – an opportunity for rehabilitation rather than incarceration. However, if you find yourself facing allegations of probation violations in Minnesota, the consequences can be severe. The reason that probation violations are so important is because, if you are on probation, you already pled guilty and there is a stayed sentence hanging over your head. There is not an opportunity to go back and defend the original offense, you must either demonstrate there was not a violation, or negotiate an outcome where you are reinstated on probation instead of being ordered to execute all of your stayed sentence.

We know that in many cases our clients got a new offense, failed a drug screening, missed an appointment with probation, failed to stay in touch with probation, or failed to follow through with court ordered conditions of a person’s probation. In these types of cases, it is extremely important to have a strategy to have probation reinstated rather than going to jail for the entire remaining sentence. Don’t worry, we understand how stressful a probation violation can be. Understanding the process, your rights, and having a knowledgeable defense attorney by your side is crucial to navigate this complex legal terrain.

Probation Violation Strategy

The Prosecutor must prove to a judge that someone actually violated probation by clear and convincing evidence. This means that if the prosecutor can convince a judge that there has been a violation of a condition of probation, the Defendant will face all or some of the stayed sentence. There is no requirement to prove a violation beyond a reasonable doubt, so these are much more difficult to defend. One of the additional consequences can be losing the benefit of your previous plea deal where there was a stay of adjudication, stay of imposition, or stay or execution of sentence. We demand that the state provide all of the evidence of the violation that they will present to a judge, so we can determine the best strategy approach. If a hearing is risky, our strategy involves slowing the case down enough to allow our client to get into compliance, then we can ask the judge to not execute any sentence because the problem has been addressed.

Why choose the Wolfgram Law Firm?

At the Wolfgram Law Firm, we really do care about the lives of our clients, and we are always striving for the best outcome possible. We understand that sometimes extenuating circumstances can lead to violations, and our clients are worried and are extremely concerned about what will happen. Don’t worry, we will formulate a plan to present you and your circumstances in the best light.

Don’t face probation violations without a plan, and an experienced lawyer that can develop a plan that can be presented to the judge, to overcome the prosecutor’s requests for a harsh consequence as a result of a probation violation. Even the least severe violations can have long term consequences, so make sure you have a guide before you take another step. Contact Wolfgram Law Firm today for a confidential consultation, we will tell you our thoughts about your case without any obligation whatsoever. Let our experienced assault defense attorneys fight for your rights and work towards the best possible resolution for your case. Your future is our priority.