Minneapolis, MN asked in Criminal Law for Minnesota

Q: Violation of probation, it was deemed i could not be violated due to I am in unable to work per the judge

NOT A REPEAT QUESTION IT IS ABOUT ALREADY JN COLLECTIONS.

I have mental health issues they extended my

probation for whatever reason. But if the judge already said once a year ago she could not violate me and it has already gone to collections in the state of Minnesota who I also have made arrangements with, why I am getting violated again for the exact same thing? I have a PD but she doesn’t seem to care they want me to serve 5 days now. Nothing has changed with my mental health in fact it is indeed worse. But if they already sent it to collections after my last hearing isn’t a judgement that has already made about the payment since I had to make arrangement through the department of revenue? So the question is wasn’t the judgement made a year ago?

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1 Lawyer Answer
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: First, this is not a double jeopardy issue. The fact that you were unable to work a year ago doesn't mean that you cannot work now. Mental health issues can get worse and they can get better. Ultimately, it would be up to probation to show in a violation hearing that you could've paid more towards the restitution obligation than you have been paying over the past year. Probation would not have to show that you could've paid off the entire restitution obligation.

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