Minnesota Probation Violation Attorney

What is a Probation Violation in Minnesota? 

What is Probation in Minnesota?

Probation in Minnesota is a way for courts to monitor the activities of people accused or convicted of committing a crime. Probation is the legal status that allows individuals who have been convicted of a crime to serve their sentence in the community, rather than in jail or prison. Probation is often granted as an alternative to incarceration for individuals who meet certain eligibility criteria and are considered low-risk offenders.

Attorney John E. Roach is experienced in defending against probation violations for those accused of violating probation. The term probation is often used loosely in criminal court. For example, a person ordered to a Stay of Adjudication, that individual may be ordered to be supervised by community corrections or probation even though the person has not been sentenced and therefore, cannot be on “probation” even though their supervision is monitored by probation.  

Pursuant to Minnesota Statute 609.02, Subdivision 15:

"Probation" means a court-ordered sanction imposed upon an offender for a period of supervision no greater than that set by statute. It is imposed as an alternative to confinement or in conjunction with confinement or intermediate sanctions. The purpose of probation is to deter further criminal behavior, punish the offender, help provide reparation to crime victims and their communities, and provide offenders with opportunities for rehabilitation.

Minn. Stat. 609.02, Subd. 15.

In Minnesota, probation can result from either the court ordering a Stay of Adjudication, Stay of Imposition, or Stay of Execution.

What is a Stay of Adjudication?

A Stay of Adjudication is a legal mechanism where a defendant in a criminal case enters a plea of guilty, however, the court does not accept the plea of guilty, usually, for a specific period of time and can include other conditions. A Stay of Adjudication provides criminal defendants in Minnesota the opportunity to avoid a criminal conviction. With a Stay of Adjudication, the amount of time over a person’s head is a sanction rather than a criminal sentence. Once the period of time known as the “stay” is over and any other conditions have been satisfied by the defendant, the criminal case is then dismissed and the person avoids a criminal conviction on their criminal history. A Stay of Adjudication is a more favorable outcome for a criminal defendant than a Stay of Imposition or a Stay of Execution.

Importantly, a stay of adjudication is not a criminal sentence.

When a court pronounces a stay of adjudication, no conviction is entered or sentence pronounced. Dupey v. State, 868 N.W.2d 36 (Minn. 2015). Only when a stay of adjudication is vacated or revoked is the defendant convicted and sentenced.

Violating a stay of adjudication is not a probation revocation.

In State v. Greenough, 915, N.W.2d 915 (Minn. Ct. App. 2018), the court revoked a stay of adjudication and then imposed and executed a presumptively stayed sentence. The court clarified that the proceedings should have been handled as a sentencing, not a probation revocation. Because the stay of adjudication was not a sentence, the court was required to follow guidelines and impose a stay unless procedures were followed for an aggravated sentence. See State v. Bradley, 906 N.W.2d 856 (Minn. Ct. App. 2017) (Differentiating a revocation of a stay of adjudication from a revocation of a stay of imposition).

What is a Stay of Imposition of a Criminal Sentence?

A Stay of Imposition is a legal mechanism where a defendant in a criminal case if found to be guilty either through a plea of guilty or guilty verdict and is convicted of committing the crime, but the court does not impose or order the defendant to serve time in jail or prison. The terms Stay of Imposition means the court is not imposing or ordering and specific criminal sentence. In addition to being placed on probation, a person ordered to a Stay of Imposition may have to satisfy certain conditions while on probation. With a Stay of Imposition, the person does not know how much time is over their head because a specific sentence has not been imposed. Once a person satisfies the conditions of a Stay of Imposition without violating the conditions, the criminal conviction for a felony or gross misdemeanor is then deemed to be a misdemeanor conviction. A Stay of Imposition is a more favorable outcome for a criminal defendant than a Stay of Execution.

What is a Stay of Execution of a Criminal Sentence?

A Stay of Execution is a legal mechanism where a person after being convicted of a crime, is sentenced to a period of incarceration in jail or prison for a specific period of time, but the jail or prison sentence is “stayed” or postponed for a period of time while the person is on probation. With a Stay of Execution, once the person completes probation without violating the terms of their probation, the jail or prison time over their head ends and the case is over. Unlike a Stay of Imposition, a Stay of Execution does not reduce a felony or gross misdemeanor conviction to a misdemeanor once the probation period and conditions have been met without a violation. A Stay of Execution is a more favorable outcome for a criminal defendant than an executed sentence as a Stay of Execution provides them with the opportunity to avoid serving a jail or prison sentence.

What is An Executed Sentence?

In Minnesota, an executed sentence is a sentence that has been served. If the court ordered an executed sentence, then you have been ordered to serve time in jail or prison. In Minnesota an executed sentence for a misdemeanor is 90 days in jail, gross misdemeanor is 364 days in jail, or  a period of more than 1 year in prison for a felony sentence.  

How Long Am I on Probation?

The length of probation can vary depending on the nature of the offense, prior criminal history, and individual circumstances. Probation terms can range from several months to several years.

How Can I Avoid Jail While on Probation?

When someone is placed on probation in Minnesota, they are required to adhere to specific conditions. These conditions may include regular check-ins with a probation officer, drug testing, maintaining employment or attending school, participating in counseling or treatment programs, and refraining from criminal activity. 

Who Should I Contact While on Probation?

In Minnesota are typically assigned a probation officer who monitors their compliance with the conditions of probation and provides support and guidance. The frequency of meetings with the probation officer can vary based on the individual's case.

What is Probation vs. Parole (“Supervised Release”)?

It's important to distinguish between probation and parole. Probation is typically granted as part of a sentencing decision in a criminal case, while parole (known as supervised release in Minnesota) is the of a person who has served part of their prison sentence. Probationers have not been incarcerated in a prison but are serving their sentence in the community.

What Do I Have to Do While I Am On Probation?

Probation terms or conditions of probation can vary widely based on the specifics of each case. Generally, conditions of probation can include paying fines, community service, pay restitution, no consumption of alcohol and non-prescription drugs, remain law abiding, maintain contact with probation, and no same or similar criminal behavior.

What Will Happen If I Violate Probation?

If a person on probation in Minnesota violates the conditions of their probation, it can result in various consequences, including additional penalties, extension of probation, or even incarceration. Violating probation after the court ordered a stay of adjudication can result in a conviction. Violation of a stay of imposition can result in a stay of execution where the person is still on probation with a specific period of incarceration ordered in the event the person violates probation again. A violation of a stay of imposition can also result in what is known as a “jail sanction” where the person has to serve less than an executed sentence, and is released on probation until the end of the probation period. A violation of a stay of execution can result in an executed sentence. An executed sentence for a misdemeanor conviction is 90 days in jail. While an executed sentence for a gross misdemeanor conviction is 364 days in jail. An executed sentence for a felony is at least one-year in prison, but may be longer depending on Minnesota Statutes and the Minnesota Sentencing Guidelines. A warrant for your arrest may be issued by the Court if probation alleges that you violated the terms or conditions of your probation.

What Should I Do If I Violated My Probation or Have a Warrant in Minnesota?

Attorney John E. Roach is experienced in defending the accused against probation violations and arrest warrants. You need to speak with a criminal defense lawyer if you believe you have violated your probation, or if you know there is or may be a warrant for your arrest. Most probation officers in Minnesota will request a warrant from the court if they believe you violated probation. When a warrant for your arrest is ordered by the court and you have not yet been arrested, you are on warrant status. While on warrant status, because of “stop time” you are no longer receiving credit for time on probation. “Stop time” is the time period a defendant in a criminal case has a warrant for their arrest.

You may not even know there is a warrant for your arrest if you are on probation, usually, this happens when the probation officer does not inform a person on probation that they are going to request a warrant. If a warrant has been issued for your arrest, you can be arrested any time of day or night depending on the warrant. If you are arrested for a warrant, the police or other law enforcement officers enforcing the warrant can search you and your immediate surroundings for evidence of a crime. Law enforcement officers do not need a search warrant to search you and your immediate surroundings if you are being arrested for a warrant. You can also be charged for committing. New crime while being arrested for a warrant. If you are being arrested, you should verbally inform the police or other officers that you are not answering any questions without having a lawyer present.

For these reasons and more, you should speak with a criminal defense lawyer to learn more about your rights if you believe you have a warrant for your arrest before it is too late.

John E. Roach fights aggressively to defend clients against the criminal justice system in Minnesota.

Call (612) 584-3984 to discuss your case with a criminal defense lawyer at Roach Law PLLC during a free 15 minute consultation.