Legal Question in Legal Ethics in Minnesota

My girl friend was released after her 36hr hold was over. She went in for a probation violation but was never charged. Hence (36hr.) Can she be re-arrested for the for the same violation and charged again. Violation was-(failing a UA.)

Asked on 4/19/14, 11:41 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Probation may be revoked at any time. Probation is often revoked when a defendant violates some condition of the sentencing terms. The defendant is given notice and ordered to appear at court: The defendant is to admit or deny the violation. At a hearing in which a defendant denies the violation, the standard of proof is a preponderance of the evidence (a sort of 'more likely than not' standard). If a violation is found, the outcome is quite variable. Tricia Dwyer Esq., phone 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Minnesota Probation Violation Criminal Defense Attorney

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Answered on 4/20/14, 12:40 pm

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