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I Am Accused of a Probation Violation: What Do I Do?

The COVID-19 pandemic has become a new, harsh reality for everyone. Weeks of isolation, self-quarantine, frustration from unemployment issues, making sure basic needs are met and the anxiety many of us feel from an unending media cycle about the virus has created stressors on our society that some have never experienced before. Anxiety that can cause anyone to act out and lead them to violate the terms of their probation. 

These are not normal times we are living in. The stress and anxiety we are all experiencing could lead some people to situations they would not find themselves in if societal normalcy was still a thing.

Whether you went out for a drive on a suspended license, got into an argument that escalated with your domestic partner, removed your ankle bracelet, or were just in the wrong place at the wrong time, if you are currently on probation, an arrest can make your life far more difficult than it already may be.

After your case is over, you were either found guilty or pled guilty, a period of probation begins. Many times there are various conditions that must be followed. And at the end of the road, once probation is over with, sometimes there could be really nice outcomes. Some cases, depending on how they are sentenced can be reduced down from a felony, and some can even be dismissed. In certain cases, this is the process where you are able to “earn” something positive.

However, if you fail to complete or abide by any of the terms of your probation, a judge could issue a warrant for your arrest. He or she could throw out your initial probation sentence and issue jail and additional fines. Your probation could be extended longer. And the perk that you were trying to earn, could be taken away. So, if there was any stayed or potential jail time hanging over your head, the judge could impose some or all of that. What those consequences are depends upon the type of violation that occurs and the decision of the parole officer and parole board.

Minneapolis Probation Violation Attorney 

If you are facing a probation or parole violation in Minnesota, call the office of experienced Minnesota criminal defense lawyer Gerald Miller today. When you are facing a possible violation, that could have been as a result of new charges, lots of questions can arise and the next steps in your case can be intimidating. Let Gerald Miller and his experienced team of attorneys represent you. Don’t wait, contact us to schedule a free consultation about your case today: 612-440-4610.

Probation Violation Minnesota 

If you have previously been convicted of a crime and have been caught – either by a police or a probation officer – violating the conditions of your probation could result in your probation being revoked. This also means there is a possibility you could go back to jail or prison. A standard condition of probation is to obey all laws, and a person on probation who is arrested on even a minor charge may be subject to penalties for both the most recent arrest and the probation violation for the former conviction. For a failure to remain law abiding violation, all that is needed in most violation hearings is for the state to prove that you are involved in a case that has charges supported by probable cause. That does not mean that they have to actually find you guilty of the underlying offense.

If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing. If a person violates the terms of their probation by breaking a law, a probation revocation hearing may take place after the new offense has been addressed. But, depending on the severity of your violation, or the underlying offense, and depending on whether you are dealing with multiple counties, a probation violation hearing may move quickly. 

A probation violation may not be the result of a new offense. A police or probation officer may allege that a person broke a condition of their probation. For example: communicating with a person or people the judge prohibited the defendant from contacting could result in a probation violation. A revocation hearing may take place fairly quickly once the violation is reported. People accused of violating their probation are entitled to written notification of the time, place, and reason for the revocation hearing.

If you’re on probation and have received a notification for a revocation hearing, don’t try to handle the situation on your own. The criminal defense attorneys of Gerald Miller Law Firm can help you. Contact us today – 24 hours a day – for a free consultation: 612-440-4610. A revocation hearing is not the same as a trial. The prosecution has to prove that it is beyond clear and convincing evidence that the violation took place. In easy terms, probation is often considered to be a privilege that can be lost more easily. That is why the burden of proof to prove a violation is less than what it takes to convict someone of the original offense

A probation revocation hearing happens in front of a judge – not a jury. The defense is allowed to present evidence to show the judge why the person accused of the violation should not be subject to whatever penalty the judge originally ordered, and the violation itself dismissed. 

It’s always best to comply with the terms of your probation at all times so you can complete probation and move on with your life as soon as possible. If you’ve been accused of violating your probation, it is imperative that you seek strong legal representation right away. The Minneapolis criminal law firm of Gerald Miller handles all aspects of criminal law across the Twin Cities and statewide – we can defend you on DWI arrests, traffic citations, drug charges, theft, weapons charges, probation and parole violations, and more.

Call the attorneys at Gerald Miller today at 612-440-4610. We are available 24 hours a day, seven days a week to give you some answers, a little hope and plenty of well-deserved peace of mind.

About Gerald Miller Law Firm 

Were you or someone you love arrested for a probation violation or any other crime during the COVID-19 lockdown? The process can be worrisome – or even frightening. There is a lot of legal jargon to weave through and court dates to attend.

You’re not alone. We can help, whether it’s your first domestic assault arrest  or if you’ve been convicted in the past. If you are facing a Minnesota criminal conviction, the experienced Minneapolis defense attorneys at Gerald Miller, P.A. will review your case and determine the best course of action. We will guide you through the process, working toward a positive outcome no matter the circumstances of the arrest. Our firm has a high success rate. We’ve fought cases all the way to the Minnesota Supreme Court. We dig into every aspect of the case, from the time of the arrest the officer’s actions to the accuracy of their alleged evidence.

What makes Gerald Miller different from other Minnesota criminal defense lawyers?

The Minneapolis lawyers at Gerald Miller handle all aspects of criminal law across the Twin Cities and statewide, but we have focused on criminal defense for nearly 40 years. A domestic assault charge can affect your living situation, your finances, and your professional reputation. Don’t let one incident negatively impact your future. 

We have earned dozens of positive Google, Yelp and Facebook reviews from satisfied clients. Our firm is widely recognized throughout the Twin Cities for our professionalism, compassion, knowledge, and dedication both in and out of the courtroom. The Minneapolis defense attorneys at Gerald Miller Law Firm are respected by our peers, colleagues, judges, and prosecutors. We have earned national awards and accolades from the American Bar Association, The National Trial Lawyers, the American Institute of DWI/DUI Attorneys, the National Academy of Criminal Defense Attorneys, the National Academy for DUI Defense, and more. 

Gerald Miller, P.A. also has received the elite “SuperLawyer” distinction by Thomson Reuters. 

Legal Counsel is Critical to Success

The sooner you contact us, the faster we can start protecting your rights.  Even if your case cannot be dismissed, the charges may be reduced and punishment can be minimized, which are positive outcomes as well. There are a number of details in each person’s case that could have a huge impact on the possible outcome. It also helps if you were cooperative at the time of your arrest.

Contact us today to schedule your free and confidential case evaluation at 612-440-4610. We are available 24 hours a day, seven days a week to give you some answers, a little hope, and plenty of well-deserved peace of mind. Visit www.geraldmillerlawyer.com or check us out on Facebook, Twitter, Instagram, and LinkedIn. We’re here to help. 


About the author

Gerald Miller

Gerald Miller is a top-notch and experienced DWI/DUI lawyer at Gerald Miller P.A. in Minneapolis, MN. He has more than 35 years of experience in Criminal Defense practice. He has also been a mentor to numerous DUI/DWI defense attorneys.

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