What is probation?
Minnesota’s probation system is a combination of state and county agencies throughout the state’s 87 counties. Probation in Minnesota is a court-ordered period of supervision during which an offender must comply with specific conditions. There are two types of probation in Minnesota: probation to the court and probation to the commissioner of corrections.
What is the difference between probation to the court and to the commissioner of corrections?
Probation is a sentence imposed by a court in lieu of a term in jail. The court places adult offenders on supervision in the community through a probation agency (county probation offices). On the other hand, the Minnesota Department of Corrections supervises probation cases in some counties as an alternative to incarceration.
Who is subject to probation?
Any offender may be subject to probation depending on the sentence of the Court.
In some cases, the court has the option of imposing probation instead of a sentence for misdemeanor, gross misdemeanor, and felony convictions. Probation as a substitute for imprisonment is authorized by the United States Code unless the offense is a Class A or Class B felony and the defendant is an individual. The court may order the person to participate in an intensive probation program if the program requires the person to serve at least six days consecutively in a local correctional facility.
An individual on probation is typically required to meet with their probation officer on a set schedule.
How long does probation last?
Probation for a felony charge in Minnesota can last four years or for the duration of the maximum sentence for the crime charged, whichever is the longer term. However, a court may extend a defendant’s term of probation for up to three years if it finds that the defendant has failed to complete court-ordered treatment successfully.
What are some common conditions of probation?
• Following all state and federal criminal laws.
• Reporting on a regular basis to your probation officer.
• Being truthful with your probation officer.
• Reporting any arrest immediately to your probation officer.
• Not leaving the State of Minnesota without your probation officer’s permission.
• Not owning, possessing, or using a firearm
What happens if you violate your probation sentence?
If someone violates their probation conditions, the case is referred back to the sentencing judge for review, and in some cases prison time may be imposed. If you violate probation in Minnesota, the court may revoke your probation sentence and direct that you be taken into immediate custody. The penalties for violating probation vary based on the specific language of your probation terms. Minor infractions may result in a warning, whereas a major violation can lead to a revocation of your probation and the imposition of the original sentence including any unexecuted jail and/or prison time.
Is it possible to terminate your probation earlier than the date imposed by the court?
It is possible to terminate probation early in Minnesota state court. The court has the discretion to grant early release from probation when properly requested by the defendant in a criminal case. An individual seeking to terminate their probation early will need to prove to the court that they have complied with the terms of their probation. It is also important for anyone seeking early termination of probation in Minnesota to demonstrate that they have not committed any formal violations of their terms of supervision.
The court may look at a number of factors when determining whether an early termination of probation is appropriate, including: the risk of re-offending, the risk to society, the benefit to the individual, and the individual’s attitude, among others.
The court may dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person’s probation. The court will do so only if the full amount of any fines has been paid.
In sum, probation is a way to serve or complete a criminal sentence without serving jail or prison time. Yet, it can also be cumbersome and problematic for individuals who are suffering from addiction, mental health disorders, and other life circumstances that would preclude that individual from fulfilling the terms and conditions of their probation.
How can a criminal defense attorney help?
In all cases, it is important to receive the seasoned advice of a criminal defense attorney who knows the ins and outs of probation, the typical terms and conditions, and the ways in which an experienced criminal defense attorney can negotiate and/or mitigate the length and conditions of probation.
Probation allows individuals who are convicted of a crime more freedom than incarceration. It may be the best alternative to jail in many, many cases. Yet, there are certain terms and conditions that can and should be argued and objected to at sentencing. A seasoned criminal defense attorney like Lauren Campoli can advise you of the best chances of successful closure of your case without cumbersome probationary terms and conditions. Contact criminal defense attorney Lauren Campoli today for a dedicated strategy session tailored to your goals and needs.
Note: This blog article provides general information and should not be considered legal advice. If you require legal assistance or advice on a specific case, please consult with a qualified criminal defense attorney.