Probation Violations
Probation is an alternative to serving one’s sentence for a criminal conviction. A person may not actually have to spend time in jail provided they abide by all conditions of probation and do not violate probation. Once a person pleads guilty or is found guilty at trial, the judge will order a sentence which details what a person must do while on probation, as well as what a person must not do while on probation. A person can be charged with a probation violation when they do not abide by terms of probation. In the simplest terms, a probation violation occurs when a person does not do something they are supposed to do. This happens when they fail to refrain from a prohibited activity, like new criminal charges, or using alcohol/controlled substances while prohibited. Or a person can be found to have violated probation when they were supposed to do something and did not, such as paying a fine, attending and completing treatment programs, or attending required meetings with his or her probation agent. This is not an exhaustive list, but only a few common examples.
Kyle Murray has successfully represented probationers since he started his career as a public defender. Probation violations can have serious consequences and are intrinsically tied with incarceration. Kyle Murray is experienced in working with prosecutors to achieve favorable outcomes for his clients. When prosecutors are unwilling to negotiate probation violations, Kyle Murray is prepared to represent you at contested probation revocation hearings where he will strive for the best possible outcome.
Effects of a Probation Violation
A probation violation increases the likelihood of a person having to sit time in jail on a ‘stayed sentence’. The State of Minnesota may argue for incarceration or agree that continued probation is better suited for a specific probationer.
For individuals receiving a stay of adjudication or stay of imposition, a probationer can lose the benefit of having a lessened disposition because of a conviction or plea. Probation violations can also be used to extend the duration of a person’s probationary sentence past its original timeline.
Types of Probation
There are two types of probation:
(1) Unsupervised probation, and
(2) Supervised probation.
Unsupervised probation is typically referred to as ‘probation to the court’, meaning that only a new same or similar criminal charge or conviction will trigger a probation violation. Supervised probation, on the other hand, means a probationer will be responsible for maintaining contact with a probation agent/officer supervising their case. Supervised probation can be intensive. Depending on the type and severity of the offense, that person’s probationary sentence can be like walking on eggshells to avoid incarceration.
Types of Probationary Dispositions
A person sentenced to probation will receive a sentence based upon either agreement by defense counsel and the prosecution, or by a judge’s decision following a sentencing hearing. A person’s criminal history will have a considerable impact on what probationary disposition a person receives. There are three levels of probation. Each can be interpreted like a step on a ladder ‘closer to the fire’, meaning how close each offense level is to incarceration, and any benefits of the probationary sentence. Different probation dispositions have traditionally been reserved for felony-level cases and are increasingly becoming available on a county to county basis for non-felony cases, such as misdemeanors and gross misdemeanors.
Stay of Execution: The ‘closest to the fire’ is a stay of execution on a felony sentence. Missteps on probation are going to be treated by the prosecution with scrutiny. A person who successfully completes a stay of execution will have a felony conviction entered on their record. The amount of time incarcerated will vary based on any time ordered to be served as part of the sentencing order, plus any time the probationer was ordered to serve due to any probation violations. A probation violation under this probationary disposition runs a very real risk of having their sentence executed due to a probation violation, meaning, whatever amount of days were ordered at the sentencing hearing may have to sat in jail or prison, less any credit for time already served. For example, if a person was sentenced to two years incarceration and had a serious probation violation, that person can be committed to the department of corrections rather than allowed to continue probation. In this situation, it is vital to have experienced legal counsel who will provide the time and attention your case deserves.
Stay of Imposition: This is the middle-ground for probation. A felony stay of imposition means a person who successfully completes a probationary sentence can have the conviction entered on their record as a misdemeanor offense. The benefit here is that societally, their non-felony conviction will have fewer adverse effects on their livelihood, whether housing, employment or otherwise. Should a probationer violate their conditions of probation, they may lose the benefit of having their stay of imposition—the judge may re-sentence the probationer from a stay of imposition to a stay of execution, putting them ‘closer to the fire’ with much higher risks of incarceration.
Stay of Adjudication: This is the ‘furthest from the fire’. A person with a stay of adjudication means that a successful completion of probation will not result in any conviction entered on their record. It is essentially a showing by the probationer to the State and the judge that incarceration is not necessary to correct the behavior that a person pled or was found guilty of doing. Should a probationer violate probation while under a stay of adjudication, their first or subsequent violations can remove the benefit of having a stay of adjudication. The probationer will get ‘closer to the fire’ and risk being resentenced under a stay of imposition or stay of execution.