Probation/Parole Violation Attorney In Anoka, Minnesota
Probation is a sanction that is ordered by the court when a person has been convicted of a crime. It serves as an alternative to spending time in jail or prison. It allows those convicted of crimes that would normally result in prison time to be released after they have served 2/3 of their sentence.
The crimes that are committed in probation cases are typically not very serious and the prior criminal history is minor. The purpose of probation is to return a person back to society while also discouraging any further criminal behavior. Offenders are also given the opportunity to rehabilitate and also pay restitution to the victims in the matter. If probation or parole is violated, then the penalties can be serious and result in being sent back to jail.
If you have been accused of violating your probation or parole, you need the assistance of a Anoka criminal defense attorney with a strong background in probation and parole violation defense in Minnesota. This means having your rights protected and revealing the facts behind the alleged violation.
Challenging Probation And Parole Violation Charges
When accused of a probation violation, you could be placed in jail without bail pending the outcome of a hearing about the matter. Common probation violations include:
- Using alcohol or drugs during probation
- Being charged with a new criminal offense
- Not contacting the probation officer as required
- Failure to pay restitution or fines
- Failure to complete or attend court-ordered treatment
- Failure to abide by any conditions that are set by the judge
If you are accused of violating your probation, you are entitled to a probation hearing. It is the state that carries the burden of proof in proving that you violated any condition of your probation. You will be asked in the hearing if you admit or deny the violation.
If you are arrested for a parole violation, then your matter will be heard before the parole board. You are entitled to an informal hearing before the parole board when accused of any violation. The board is made up of one or more parole officers who will hear any recommendations for consequences from the parole officer and who will also listen to your Minnesota criminal defense attorney
Helping Keep You Out Of Jail
If it is found that you have not violated the conditions of your parole or probation or there was good reason behind a violation, such as being in the hospital at the time you should have checked in, then you will continue your probation or parole as ordered. If you are found to have violated the terms, some or all of the remaining jail or prison term could be served. In other cases, additional conditions, programs, or time can be added to the sentence.