Q: Can the courts go back and change time to serve after 2 years without any violations from the offender in MN.
Was charged with 5th degree possession of a controlled substance in 2022 the sentence details state I was given 30 days in jail which was stayed and a stay of imposition, fast forward to 2024, have had zero violations the case was up for review and now the county attorney is trying to say a year & a day is what was supposed to be said not 30 days! Can they do that without any reasoning also can a treatment center give/tell probation or courts specific things I've said while going to treatment or that I've shared with a treatment counselor?
A: The stay of imposition meant that if you successfully completed probation, that the matter would've become a misdemeanor. However, if you violated probation, the stay of imposition could be vacated and there would be a stayed sentence of one year and one day on a lower level felony like a Cont. Sub. 5. Yes, treatment can certainly pass on information to your probation agent. Typically, you would sign a release of information so those records and that information can be passed on to probation. Otherwise there would be no way to verify that you are actually enrolled in treatment and attending.
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