Plymouth, MN asked in Criminal Law and Appeals / Appellate Law for Minnesota

Q: Can you be locked up for your 1st violation of probation after a year of good behavior on a 4yr probation bc of DAC

I think my PO wants to lock me up bc i was caught driving on a 4yr probation of my 3rd dui i want a lawyer bc i feel i been doing great ive passed all UA's and did all treatment in classes just made one mistake

2 Lawyer Answers
Luke Neuville
Luke Neuville
PREMIUM
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: It is possible that you could be facing jail for a first time probation violation but it's not guaranteed. Is your case in Hennepin county?

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Yes, it's possible. The sentencing judge would make the determination whether a condition of the stayed sentence was substantially violated and if so, what the proper remedy for that violation should be. Probation Officers have great influence over judges in such cases, however. It's a good idea to continue full cooperation with the Probation Officer, as well as do everything that can yet be done to correct conditions that contributed to the alleged violation. Examples may include getting the drivers license reinstated by the state, or at least completing every concrete step toward that goal, with proof. And yes, a lawyer could be quite helpful in that situation.

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