Practice Areas

Probation/Parole Violations

A person who is on probation can face a probation violation called a probation revocation hearing.  A probation violation can have disastrous consequences ranging from getting a conviction on your record, serving an immediate jail sanction or having the remaining time left on the suspended sentence executed.  This would include the probationer being sent to prison on a previously stayed felony offense.   In order for the court to execute the sentence the court must order the following:

1) designate the specific condition or conditions that were violated;
2) find that the violation was intentional or inexcusable;  and
3) find that the need for confinement outweighs the policies favoring probation.

State v. Austin, 295 N.W.2d 246, 250 (Minn.1980)

The court also should consider the Modtland factors:
(i) confinement is necessary to protect the public from further criminal activity by the offender; or
(ii) the offender is in need of correctional treatment which can most effectively be provided if he is confined; or
(iii) it would unduly depreciate the seriousness of the violation if probation were not revoked.

 

State v. Modtland, 695 N.W.2d 602, 608 (Minn.2005).

A Parole Violation is referred to as a violation of Supervised Release.   When a person executes a prison sentence they typically will serve two-thirds of their sentence and get released for the final one-third to be served in the community under the supervision of the Department of Corrections.  A felony DWI has a five-year conditional release tacked on to any executed prison sentence.  Certain sex offenses have a conditional release ranging from five years to life.   If a person violates a supervised release condition they will be held in jail for up 12 business days to have a supervised release hearing.  At a supervised release hearing a hearing officer from the Department of Corrections will determine if there has been a violation of supervised release and if so, what the sanctions could be.  The sanctions range all the way from a restructure of release which would essentially allow the parolee to get out of custody with an approved agent plan to sending the parolee back to serve the remaining time left on their sentence.  Our attorneys have handled over 100 supervised release DOC hearings.
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