Cambridge, MN asked in Criminal Law for Minnesota

Q: If I had a departure on a 5th degree possession with conditions and the sentence is revoked due to a violation and I

Executed the sentence because the sentence was amended. I would no longer have to complete the previous conditions right?

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

A: You no longer have to deal with your conditions of probation if you execute your sentence.

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

A: In Minnesota state cases, the defendant has "the right" to an executed prison (or jail, in the case of a non-felony) sentence. If that were to happen, the defendant would not be "on probation" or have any stayed time yet to be executed. However, it's rare for a defendant to make that choice, since most judge will be far more lenient with a probationary sentence than a straight prison commit. If that doesn't make sense to you, or does not answer the question, call a criminal defense lawyer for a discussion on the phone.

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