Probation Lawyer Minneapolis
An accusation of a probation violation is very serious because it is very rare to be accused of approbation violation if there isn’t anything to indicate that it really happened. Proving that the violation was not intentional is something that can be difficult for a person to prove by themselves. With the help of an experienced Minneapolis criminal defense lawyer, proving that the violation was not intentional can be made easier and reduce the chances of having to serve the remainder of the sentence in jail or prison.
If you have been accused of a probation violation, it is very important that you secure the help of a skilled attorney to help you prove what really happened. Many violations are the result of misunderstandings or miscommunications. When that’s the case, it is very possible to continue probation as usual rather than having to go back to jail or prison.
Fighting Probation Violation Accusations
Your attorney will look at the circumstances surrounding the alleged probation violation. The court will do the same. The following are the two steps in which the alleged violation is reviewed:
- Admit/Deny Hearing – This is a hearing that gives the defendant the ability to admit or deny that they violated their probation. You can either admit that you violated it or deny it. If admission is made, then the penalty can be community service, imprisonment, extension of probation, or fines.
- Evidentiary Hearing – This is where evidence can be presented by the state that proves probation was violated. This is the step that occurs when denying during the Admit/Deny Hearing that a violation occurred. If denying the violation and found guilty, then the court will determine the penalties. If it is determined the violation did not occur or was due to a technical issue, then probation can continue as if nothing ever happened.
Proving The Facts In Your Case
It is very important to prove the facts in your case, which is difficult to do on your own. Your Hennepin County criminal defense attorney will reveal the facts. The violations are either going to be technical, which is an innocent violation, or direct, which is an intentional violation. A person can intentionally violate their probation by failing a drug or alcohol test, not checking in with their probation officer, committing another crime, or not adhering to the terms of their probation. A technical violation may occur if probation officers changed and the defendant didn’t know it, the defendant was hospitalized and unable to check in, or maybe the defendant thought their probation was over when it wasn’t. Regardless of the circumstances, your attorney will fight for your rights and will work to secure the best possible outcome.
Contact A Golden Valley Criminal Defense Attorney
Probation violations can either be intentional or unintentional. No matter the reason for the probation violation charge, it is important to have your attorney by your side every step of the way. That way you can possibly avoid having to go back to jail or prison for the violation. To learn more about your rights and options, call the Barry Hogen Law at (612) 338-5545 to schedule an initial consultation.