It is not unusual to be accused of probation violation when a violation never took place.
When a person is convicted of a probation violation, they may be sent to prison to finish out their sentence. Probation is the suspension of an original prison sentence, so the individual is released back out into society. A probation violation states that that person is not able to function in society, so they are remitted to prison where they will serve the remainder of the original sentence, if convicted.
PENALTIES FOR PROBATION VIOLATION
Of course, the most common penalty is for probation to be revoked. If you have been accused of probation violation, then you will need to retain the services of your Minnesota probations violation lawyer so that you can show the facts in your particular case. It is important to look at the circumstances surrounding the alleged violation. This is done in two steps:
- The admit/deny hearing is scheduled and this involves the defendant admitting or denying that the probation violation ever took place. If the offense is admitted, then there may be an extension of probation, fines, imprisonment, or community service.
- The second step is the evidentiary hearing in which the state has to prove that probation was violated. The defendant may be found guilty or not guilty of the crime based upon the evidence that is submitted by the state to the court. If not guilty, the defendant remains on the original terms of the probation with no consequences to be paid. If found guilty, the court will determine the penalties.
TWO TYPES OF PROBATION VIOLATIONS
There are two types of probation violations. The first is technical violations in which a person violates their probation innocently. This means that their probation office changed, they thought they completed their probation, or there is doubt as to whether probation was completed. The second is the direct violation, which is when a person intentionally violates their probation. They may fail a drug test, disregarded house arrest, or disregarded another condition of their probation.