Saint Paul, MN asked in Criminal Law for Minnesota

Q: How can I have a court date for probation violation scheduled after my one year probation has expired?

I have the probation agreement paperwork stating the expiration date.

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: Under Minn. Stat. 609.14, a probation revocation may be filed up to six months after expiration of probation so long as the probation violation occurred while the individual was still on probation.

Thomas C Gallagher agrees with this answer

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

A: "When it appears that the defendant violated any of the conditions of probation during the term of the stay, but the term of the stay has since expired, the defendant's probation officer or the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of Criminal Procedure at any time within six months after the expiration of the stay. The court also may initiate proceedings under these circumstances on its own motion. If proceedings are initiated within this six-month period, the court may conduct a revocation hearing and take any action authorized under rule 27.04 at any time during or after the six-month period. ..."

Minnesota Statutes § 609.14 REVOCATION OF STAY. Subdivision 1 (b). https://www.revisor.mn.gov/statutes/cite/609.14

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