Probation Violations

Probation violations are an all-too-common occurrence in our legal system.  Essentially, when you are convicted of a crime, whether by a jury, a judge, or through a guilty plea, you are likely to be placed on some sort of probation.  This can be supervised, unsupervised, strict, or loose.  However, regardless of the type  of probation you're on, there are terms you must abide by in order to be in compliance with your probation.  Failing to do so can result in your probation being rescinded and you being brought back in front of a judge.

The person who "violates" you is your probation officer.  For instance, a standard term of probation is that the defendant remain law abiding throughout the duration of their probation.  If you are charged with a new crime while on probation, a report of what happened will go to your probation officer.  He or she will determine whether what you are accused of doing constitutes a violation of your terms of probation.  If they decide that it does, you will be charged with a probation violation.

The process of defending a probation violation is a little less complicated than defending yourself against an actual criminal charge.  It's a two-hearing process and things move very quickly.  The prosecution must only prove that you are guilty of the violation by a preponderance of the evidence, not the beyond a reasonable doubt standard that typical criminal charges must meet.  This means that if the judge finds that it's even the slightest bit more likely than not that your actions constitute a violation of your probation, you will be found guilty.

There are many options at your disposal when facing a probation violation.  Hiring a Minnesota criminal defense attorney with The Law Office of Brodie Hacken will get you on the right path.  Again, PV hearing happen within a week after you are charged, so contacting an attorney immediately is extremely important.  Call or email an attorney with The Law Office of Brodie Hacken today to get started.