Legal Question in Criminal Law in Minnesota

I ask the question on my husband on probation and being violated for a positive UA. He was tested right before his staggered sentence hearing and failed. His PO ask the judge to execute the 90 days and also said she was going to violate his probation. At the staggered sentence hearing she wrote the judge and said that my husband made all his meetings, held a job for 3 years (all good to start) then she did a complete turn around and said when he had a CD evaluation done, years ago, he didn't like the reccomendations so went to another place to have one done and she said the first cd evaluation reccomened in patient treatment, which is false (we have the records to prove it) He didn't want to go to the first place because he felt uncomfortable about a counselor there that he'd previously dated and did drugs with. He even told his PO this, but she never mentioned any of that to the judge. So the judge assumed my husband was just trying to get out of going to impatient, which is false. We don't know why the PO made this false statement to the judge, but it was a big concern of his. My husband did screw up and relapse, but has turned his life around completely. He has changed his life around and many people see all the positive and we believe his PO has it out for him for some reason and what we believe is she lied to the judge, or had someone elses records mixed up, but don't know how that could happen>???

Asked on 5/15/13, 10:05 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
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Hello. I would urge your husband to have private attorney counsel in this matter. Some attorneys, myself included, are available seven days for emergency legal needs such as this may be. Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best.

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5/17/13, 5:51 pm

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