Legal Question in Criminal Law in Minnesota

Re: Violation of Probation Conditions

If a condition of the stayed execution of the 13 month prison term is "abstain from alcohol and other street drugs," and the probation officer has evidence of violation of that condition, then the probation officer could ask the sentencing judge for a hearing regarding whether the court should revoke the stay and execute the 13 month prison sentence. It is quite common, though, for a first UA to be "dirty" and for the probation officer not to request revocation of the stayed sentence. Why? Often they view the first UA as setting a baseline, and expect UAs to be show marijuana residue for some days or weeks, but declining levels, after the person stops smoking it. The person, of course, should be sure to avoid future use of alcohol and other street drugs during the probation period. And, they might want to call their lawyer and then the probation officer.