Probation is a form of supervised release granted by the court as an alternative to incarceration. During probation, individuals are required to comply with specific rules and conditions set by the court. These conditions vary by case, but may include random drug testing, regular contact with a probation officer, counseling or treatment programs, community work service, electronic monitoring, weapons restrictions, requirements to remain law abiding, or other conditions that the judge sees fit. Just as the name implies, a probation violation happens when an individual who is on probation is alleged to have violated the terms and conditions of their probation. If you are facing a probation violation in Minnesota, it is important to get expert help from an experienced probation violation attorney. Consequences for violating probation may be severe and the prosecutor will typically ask for jail time or a commitment to prison. Trevor Lushanko has successfully handled hundreds of probation violation cases and has a vast understanding of Minnesota’s probation violation laws. Call Lushanko Law today at 952-818-6376 for a free consultation.
Probation Violation Hearings
A probation violation hearing is initiated when there is evidence or suspicion that the probationer has failed to adhere to one or more of the conditions imposed by the court. Under Minnesota rules of criminal procedure 27.04, a summons to appear in court or an arrest warrant will be issued to bring the probationer back in front of a judge. Once a hearing date is determined or the individual is brought back into custody, there will be a hearing addressing the alleged probation violation(s). The initial hearing is an admit/deny hearing. If the individual denies the probation violation a contested revocation hearing will be set.
1. Admit/Deny Hearing
An admit/deny hearing is the initial hearing where the probationer is asked to admit or deny the alleged violations of probation conditions. The probationer and their attorney will typically be given a probation violation report before the hearing outlining the alleged violations and the punishment recommended by the probation officer. The individual will then have a few options at this hearing. They can either admit to the violation(s) and negotiate with the prosecutor regarding the penalty to be imposed, admit and make an argument to the judge regarding the penalty to be imposed, or deny the alleged violations and set the case for a contested revocation hearing.
If you admit to the violation(s), the consequences may include jail time, additional probation conditions, an extended probationary period, or a revoked stay where you would be required to serve a prison or jail sentence in lieu of probation. It is important to have an experienced Twin Cities probation violation attorney by your side during these decisions to help you understand your options and determine the option that is best for you.
2. Contested Revocation Hearing
Unlike an admit/deny hearing, a contested hearing involves a dispute over the alleged violations. At this hearing, you have the right to call witnesses and present evidence in your defense. You will also have an opportunity to challenge the State’s evidence and question their witnesses through your attorney. Before the court can find that the probationer committed the alleged violation(s), the State must prove the following:
A specific condition of probation was violated;
The violation was intentional and inexcusable; and
Confinement outweighs the policies of probation.
The State will have the burden to prove each of these elements by clear and convincing evidence, which is a lower burden than proof beyond a reasonable doubt used in criminal trials. It is also important to note that the rules of evidence in criminal trials do not apply in contested revocation hearings. This means that hearsay evidence, for example, will be admissible at a contested revocation hearing. There is also no jury. The judge will act as the fact-finder and will determine if the State met its burden of proof.
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