Probation/Parole Violation Attorney in Shakopee, Minnesota
Probation is a court-ordered sanction imposed upon a person as an alternative to serving time in jail or prison. Parole allows people convicted of crimes involving prison time to be released after at least 2/3rds of their sentence has been served.
Probation is usually only given if the crime committed is not a very serious one, and one’s criminal history is minor. The purpose of probation is to discourage any additional criminal behavior, provide offenders with an opportunity for rehabilitation, and to provide the victims of the crime with reimbursement. If you violate the terms of either probation or parole, you may be facing serious additional penalties. Mr. Peterson is an experienced Minnesota probation and parole violation attorney that can help you protect your rights.
The probation violation process
If an allegation of a violation of a condition of probation is made against you, you could be arrested and held in jail without bail pending the outcome of a hearing. Common violations of probation include, but are not limited to:
- Failure to remain law abiding (such as being charged with a new criminal offense)
- Failure to remain abstinent from using drugs and/ or alcohol
- Failure to maintain contact with your probation officer
- Failure to attend and/or complete court-ordered treatment
- Failure to pay fines and/or restitution
- Failure to abide by additional conditions set by the judge
You are entitled to a probation violation hearing if you are accused of violating your probation. The State has the burden of proving you violated a condition of your probation by clear and convincing evidence. You will be asked in the hearing if you admit or deny that you have violated your probation.
The parole violation process
If an allegation of a violation of a condition of parole is made against you, you will be arrested and brought before a parole board for a hearing. You are entitled to an informal hearing on any violation before a parole board. The parole board is made up of one or more parole officers who will hear recommendations about any consequences from your parole officer and your attorney.
Penalities for probation/parole violations
If you are found to have violated the terms of your probation or parole, you could serve some or all of the jail/prison time remaining on your sentence. You could also have additional conditions or programs added to your sentence, which would have to be completed to avoid future violations.