Probation is a condition that is oftentimes put in place after an individual has been released from custody as a way to help keep the individual and the community safe as they work to transition back to a normal life. If a criminal offender fails to uphold the conditions set forth in their probation, it can trigger a probation violation and some serious consequences. In today’s blog, we take a closer look at probation violations and what they may mean for your case and your freedom.
Probation Violations In Minnesota
Probation is a form of supervised release that can last for a few months or a number of years depending on the circumstances of your case and your sentencing. Probation conditions will vary from person to person based on the specifics of their case. Probation violations are typically categorized as either technical or new law violations, and we’ll take a closer look at each.
Technical Violations – A technical violation occurs when an individual violates a specific part of their probation order. For example, if they were told to abstain from drugs or alcohol during the course of their probation period, and they failed a drug test, that would be considered a technical violation. Other technical violations include contacting someone who you were specifically told not to contact, staying out past your listed curfew, failing to meet with your probation officer as required or failing to make the necessary restitution payments. Essentially, if you do something that is explicitly forbidden, or you fail to follow through on a requirement of your probation, you will have committed a technical violation.
New Law Violation – A new law violation means that you committed another criminal offense that would trigger a probation violation, even if that action is not explicitly listed in your probation conditions. For example, if you assaulted someone or were caught driving after your license was cancelled, you would have violated a new law and could have your probation revoked. A new arrest or citation can result in the revocation of your probation for the prior offense.
Probation Violation Penalties
The penalties that you will face for violating your probation will vary based on the specific language of your probation terms. Minor infractions may result in a warning, whereas a major violation can lead to a revocation of your probation and a prison sentence. It’s impossible to know for sure what might happen, which is why it is always recommended that you stay within the restrictions set forth in your probation contract.
If you believe or know that you have violated the terms of your probation, you need to talk with an attorney. We can work to try to keep you out of jail or avoid a worst case scenario. Whether it was inadvertent or intentional, you need a professional resource by your side to help with what’s next, and the team at Appelman Law Firm can be that resource. For more information, or for help with a probation issue or different criminal matter, reach out to the team at Appelman Law Firm today at (952) 224-2277.
