Minnesota Probation Violation Lawyer
Probation is what occurs after a person has been convicted of a crime. Understanding the terms of probation is very important because a violation of those terms could result in the suspended jail sentence being reinstated. To ensure that you are always following the guidelines that have been put in place for you, it is ideal to retain an experienced Mankato probation violations attorney to advise you on how to remain within the boundaries of your probation so that you can complete probation without any significant events or questions of violation.
However, there are times when probation may be mistakenly violated. Many times, a violation is the result of a misunderstanding. Perhaps probation officers changed or there was a mistake in paperwork. No matter the reason, your attorney is going to stand by your side every step of the way, working toward you not having to go to jail. Instead, the goal is for you to serve the rest of your probation.
The guidelines of probation are typically rather simple. Instead of a person being sentenced to jail, they are sentenced to probation in place of the jail sentence. If probation is violated, then the jail sentence is reinstated.
As for the guidelines, they may include checking in at specified times, reporting a change of address, not committing any additional crimes, staying away from drugs and alcohol, submitting to drug and alcohol testing, counseling, and community service. The guidelines can include all or any combination of these.
Types Of Violations
No matter the type of violation or whether you are innocent or guilty of the violation, your Southern Minnesota probation violations lawyer should be by your side to help you get the best possible outcome. The two types of probation violations are:
- Direct violations – This is an intentional violation. Drug or alcohol test failure, not complying with house arrest, not checking in, or not following another guideline of probation is considered a intentional and a direct violation.
- Technical violations – A technical violation tends to occur for an innocent reason. For instance, there are times when individuals believe their probation has been completed, the probation officer has changed, or there is a question as to whether or not probation has been successfully completed.
The court will hold a hearing and ask you if you are innocent or guilty of the violation. This is the time in which you can admit or deny. If you admit to the violation, then the judge will decide what to do. He or she may decide to go ahead and continue probation or you go to jail. If you deny it and you are found to have committed a direct violation, then jail time will have to be served instead of probation. Your Southern Minnesota probation violations lawyer will advise you on what you should or should not say and do and will stand with you throughout the entire process.
Contact A Mankato Probation Violations Lawyer
Probation can be easy to violate by mistake, which is why you should not sit back and accept the charges that have been filed against you. With a qualified attorney by your side, you can state the reason behind your violation, resulting in your probation continuing as it should instead of going to jail. To learn more about how Birkholz Law, LLC can help you, call the Westbrook office at 507-274-6501, the St. James office at 507-375-3374, or the Mankato office at 507-387-2100 for a free case evaluation.