Legal Question in Criminal Law in Minnesota

Almost done with probation for a fifth degre drug violation for couple missed Ua probation wants 3 days in jail but the stay wants to revoke my stay ad adjudication I will lose my job of 11 years if that happens I offered to do more jail or stay on probation or any thing and they wouldn't never been in trouble only that and have completed every thing for probation is there any thing I can do so I won't lose the stay and why is the state doing this?

Asked on 10/14/12, 3:48 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense Services

Is there a probation revocation ("Morrissey") hearing coming up, or was there already one? If it has not happened yet I would suggest: talk to your lawyer or get one if you don't have one; quit using now and avoid all usage; try to keep the stay of adjudication which is valuable; the offer of more time is a good idea. The key person in these situations is normally the probation officer - try to apologize and persuade them before the hearing in court. A probation revocation matter normally has two court appearances. The second is the contested hearing. If an agreement cannot be worked out to save the stay of adjudication, then ask for the contested hearing. At the contested Morrissey hearing in Minnesota there are two issues: (1) did the probationer "substantially violate" a condition?, and (2) if they did, what is an appropriate consequence for the violation? You need a lawyer.

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Answered on 10/14/12, 6:40 am

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