It’s very important that you walk a straight line and stay out of trouble if you are currently on probation, but it’s also crucial to realize that not all probation violations will be treated the same. In Minnesota, probation violations are sorted into two categories – technical and direct. Below, we take a closer look at the differences between technical and direct probation violations and what they mean for you if you’re on probation in Minnesota.
Technical Probation Violations
Let’s begin with the less serious of the two violations, the technical probation violation. Now, that’s not to say that these violations are nothing to worry about, because they can still cause major issues for your case, but they aren’t as problematic as a direct violation. A technical violation is oftentimes an unintentional act that results in the breaking of a condition of your probation. Some examples include:
- Missing a mandatory meeting or drug test
- Failing to check in as required
- Curfew violation
- Failing to hold a job as required by probation
- Contacting individuals you’re required not to contact
Basically, a technical probation violation occurs when you violate a non-criminal condition of the probation. This may seem like an obvious way of defining the act, but it’s better understood when we compare it to direct probation violations.
Direct Probation Violations
A direct probation violation is a type of probation violation where new criminal activity occurs. Most probation requirements dictate that you must stay out of trouble and avoid any new criminal issues while probation is in place, and a direct probation violation usually brings new charges. For example, getting another DWI while on probation for a DWI would be considered a direct probation violation. A direct probation violation is an intentional act, like drunk driving or failing a drug test because your ingested specific drugs. Oftentimes direct probation violations result in new criminal charges.
Probation Violation Penalties
The penalties you receive for violating probation are typically dictated by the type of violation as it relates to your original case. For example, if the bus was late and you missed your check-in with a probation officer, there’s a possibility that nothing will come of it because it was a minor, unintentional act. If you are punished, it will likely be relative to the act, so additional probation requirements may be added or the length of your probation may be extended.
For more frequent or direct violations, penalties will likely be more severe. You may be given stricter probation requirements (like house arrest, electronic monitoring or inpatient chemical dependency treatments), or your probation may be revoked and you could be taken into custody. You would be placed in jail to serve out the term dictated in your probation guidelines, meaning you could spend some significant time behind bars.
If you violate probation, be it intentionally or because of an unintentional accident, you need a criminal defense lawyer by your side to help sort everything out. In the greater Twin Cities area, we hope you’ll connect with Avery and the team at Appelman Law Firm by calling (952) 224-2277.
