Minnesota Probation & Parole Violation Lawyer: Bloomington & Statewide

Probation & Parole Violation Lawyer Serving Bloomington and All of Minnesota

A Minnesota probation or parole violation lawyer steps in when the chance you were given to stay out of custody is suddenly at risk. When a court placed you on probation, or you were released on parole or supervised release, part or all of a jail or prison sentence was held back so you could stay in the community. An accusation that you broke the terms can put that stayed time back on the table. Charles Segal finds out what really happened and uses the facts and the law to argue for keeping you out of custody. With decades in Minnesota criminal courts, he handles these matters in Bloomington, Minneapolis, and the rest of the Twin Cities, and in county courts throughout the state.

A violation accusation is not a conviction, and it is not the end of your probation. It is a hearing, and a hearing is something you can fight.

The attorney you want in that hearing is someone who will dig into the alleged violation and test whether it can be proven at all, rather than treat it as a done deal. Charles Segal is committed to finding out what really occurred and using the facts and law to secure the best possible outcome, whether the matter is a probation revocation in front of the sentencing judge or a parole or supervised release revocation handled through the Department of Corrections.

Probation Violation Representation You Can Trust

When you've been accused of a probation violation, you need an immediate defense. There are two types of violations that occur:

• • Direct violation: A direct probation violation occurs when the person on probation is charged with another crime, doesn't check in with the probation officer as scheduled, doesn't report a change of address, fails a drug and alcohol screening, or violates the terms in another way. While the most significant consequence for a direct probation violation is serving out the remainder of the sentence in jail or prison, there are other penalties that could occur like probation extension, drug and alcohol treatment programs, or fines.
• • Technical violation: A technical violation is the unintentional violation of probation. There are common reasons for this, such as misunderstandings or miscommunication. For instance, the terms may not be clearly communicated to the defendant. Probation officers also tend to change and this can cause confusion among those on probation or check-in procedures could be delayed. In some cases, a person may believe their probation period ended when it hasn't.

There are many reasons behind direct and technical probation violations, which is why you need a Minnesota probation violations lawyer to evaluate what happened. From there, you can be given the proper advice and advocacy you need.

Challenging Probation Violation Charges

Even if you think you can't win against a probation violation accusation, you shouldn't count yourself out when it comes to securing a defense lawyer. You may be surprised at what elements exist in the case that can possibly keep you from having to serve the remainder of your sentence in jail or prison. Don't just sit back and hope for the best when you have a shot at the best possible outcome.

Parole & Supervised Release Violation Lawyer in Minnesota

Parole and supervised release are not the same thing as probation, and the difference matters when a violation is alleged. Probation is community supervision a court orders, so a probation violation goes back to the district court judge who handled your sentence. Parole and supervised release come after a prison term, and in Minnesota they are supervised by the Department of Corrections rather than by the sentencing judge. If you are accused of violating those terms, the question is handled through a corrections revocation process, and what is at stake is being sent back to prison to finish time you were serving in the community.

The revocation process follows a recognizable path. You are entitled to written notice of the specific terms you are accused of violating, a hearing where you can respond, and the right to be represented. In a probation case, a contested hearing on an alleged violation is often called a Morrissey hearing. The burden is on the state to prove the alleged violation. You do not have to prove that you followed the terms. The judge decides whether the state has shown that a violation occurred and that it was intentional or inexcusable. Minnesota decision-makers are also directed to weigh whether the need for confinement truly outweighs keeping you under supervision, which is exactly where a defense argument can change the result.

It helps to know how much proof the state needs. The law uses three common standards of proof:

• • Beyond a reasonable doubt: the highest standard, required to convict someone of a crime at trial.
• • Clear and convincing evidence: a middle standard, and the one the state must meet to prove an alleged probation violation in Minnesota.
• • Preponderance of the evidence: the lowest of the three, meaning more likely than not, used in most civil cases.

Clear and convincing evidence is less than what a criminal conviction requires, but it is still a real burden. Vague reports, secondhand information, or a misunderstanding about the terms may not be enough to meet it.

That is why the outcome is rarely all-or-nothing. A parole, supervised release, or probation revocation hearing can end in a range of ways:

• • Continued supervision: the judge or decision-maker keeps you in the community, sometimes with a warning or a reminder of the terms, with no time to serve.
• • Modified or added conditions: supervision continues but with new requirements, such as treatment, programming, closer reporting, or an extension of the supervision period.
• • A short sanction: a brief custody or intermediate sanction in place of full revocation, letting you return to supervision afterward.
• • Revocation: the stayed or remaining sentence is imposed, meaning jail or prison on a probation case, or a return to prison on a parole or supervised release case.

Where your case lands depends on the facts and how the hearing is argued. Charles Segal represents people facing alleged probation violations and alleged parole and supervised release violations throughout Minnesota, in Bloomington, Minneapolis, and the rest of the Twin Cities and in county courts across the state. Supervision can also run across state lines. Charles is licensed to practice only in Minnesota, but if your Minnesota probation or supervised release was transferred to another state under the interstate compact, you are still under Minnesota supervision even though a different state is monitoring you. An alleged violation of that supervision is addressed here in Minnesota, and Charles can help you challenge it. Call (612) 299-1110 to talk through what is at stake in your hearing.

Frequently Asked Questions

What happens at a probation violation hearing in Minnesota?

A contested probation violation hearing in Minnesota is often called a Morrissey hearing, and it is not a new trial, so the rules are different from your original case. The burden is on the state to prove the alleged violation, and the judge decides whether the state has shown that a violation occurred and that it was intentional or inexcusable. The state must prove it by clear and convincing evidence, which is less than the beyond a reasonable doubt standard of a criminal trial. If the judge finds a violation, the same judge then decides the consequence, which can range from a warning or added conditions all the way to revoking probation and sending you to serve the underlying sentence. You have the right to notice of the alleged violation, the right to be heard, and the right to an attorney. Charles Segal uses that hearing to hold the state to its burden, challenge the alleged violation, and argue for keeping you on probation instead of in custody.

Can you go to jail for a probation violation in Minnesota?

Yes, it is possible. If a judge finds you violated probation, one option available to the court is to revoke probation and order you to serve part or all of the jail or prison sentence that was originally stayed. That said, jail is not the only outcome and it is often not the first one. Minnesota courts are directed to consider whether the need for confinement outweighs keeping you on probation, and many violations are resolved with added conditions, treatment, or a short sanction instead of full revocation. Whether custody is on the table in your case depends on the violation, your history, and how the hearing is handled. Possibly not. Contact Charles to find out whether it makes sense to fight the alleged violation in your situation.

How is a parole or supervised release violation different from a probation violation?

Probation is supervision a court orders instead of or alongside a sentence, so a probation violation is decided by a judge in district court. Parole and supervised release come after a prison term, and in Minnesota those are supervised by the Department of Corrections rather than the sentencing judge. A supervised release or parole revocation is handled through a corrections revocation process, and the possible result is being returned to prison to serve time that was previously in the community. The protections are similar, including notice and a hearing, but the decision-maker and the stakes differ. Charles Segal represents people facing alleged probation violations and alleged parole and supervised release violations throughout Minnesota.

Which courts does Segal Defense handle probation and parole violations in?

Charles Segal represents people facing probation violations and parole or supervised release violations in district courts and revocation proceedings throughout Minnesota, not only in Bloomington and the Twin Cities metro. If your supervision is being challenged in a county anywhere in the state, he can help. Our main office is at 3800 American Blvd. in Bloomington, with additional locations in Edina, Minnetonka, and St Louis Park.

Contact A Minnesota Probation & Parole Violation Lawyer

Probation and parole violation accusations come from many situations, including misunderstandings and miscommunication. No matter the reason, you deserve a real defense so that you can fight for your future. Charles Segal has the experience you need in your corner when a probation, parole, or supervised release violation is alleged anywhere in Minnesota. To learn more, call Segal Defense P.A. at (612) 299-1110 to request a free consultation.