Legal Question in Criminal Law in Minnesota

Re: questions about probation

My answer is "could happen." I don't know how thorough the

conservation officer would be, but, I certainly would not want to

risk it. What happens if there is an accidental discharge of the

firearm and someone is injured? What if you are drinking too much

and the officer decides to charge you with hunting while under the

influence? New criminal charges would certainly flag your

probationary status.

The court gives a defendant a choice when the court offers probation:

either a) serve the jail time that the court will impose, or b) agree

to honor the conditions of probation. The court is giving the

defendant an alternative to jail.

When a defendant accepts the terms of probation, he is pledging to

the court that he will honor the court's conditions.

If I were on probation, I would take it very seriously and do

everything I could to honor my agreement with the judge.

I hope this is helpful.

Herb Kroon

Re: questions about probation

If a probation officer learns of a substantial probation violation, they may request the judge sign a "Arrest and Detain" ("A & D") Order, for the Sheriff or other law enforcement officer to serve, arrest and hold without bail until a Probation Revocation ("Morrissey") Hearing before the sentencing judge. Violations of "no alcohol, no guns" conditions would likely be considered substantial violations, resulting in at least an A & D, and likely some kind of probation revocation and executed sentence of incarceration. Also, any leniency in terms of non-felony record, stay of imposition and the like, could be jeopardized as well.

Your question seems to be "how would they find out?" I'm sure it is possible that a person on probation could be in violation of a condition of probation, and get caught by a cop who didn't know about the probation, get lucky and get away with it. However -- to take that chance would be poor judgment, in my view. It can't be worth it. If the cop does the right kind of record check, they may find out about the probation, or suspect it from record of recent conviction. A local cop might know by the "cop grapevine." Also -- if the violation were to result in a new criminal charge, that will generally result in the probation officer finding out about it, and beginning the probation revocation process.

The smart thing to do, seems to me, is to comply with all conditions of probation until the probation is ended. Sometimes it may be possible to get off probation a bit early, if you've been good. Be aware though, that prior convictions for many crimes result in a loss of gun rights, either permanently or for a period of years. Check the laws applicable to your situation before getting near a gun, even after probation is over.