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What happens when a person disputes the allegations at a probation violation hearing?

Hastings, MN |

My probation officer has filed a probation violation against me because I missed my last probation appointment.

Attorney Answers 6

Posted

Usually you have a chance to meet with the probation officer or prosecutor at the violation hearing to discuss what happened and see what you can agree to do about it. If you don't like what they are proposing, then you can request that the judge set another hearing to force them to provide evidence that you violated your probation. That is called a Morrisey hearing.

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Posted

At your probation violation hearing, the government must prove not only that you violated a term or condition of probation, but also that the violation was intentional or inexcusable and that the need for confinement outweighs the general policy that favors probation. Probation violations are serious matters. Retain an attorney to help you right away.

Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.

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If you choose to have a probation violation hearing the state would have to prove that you knowingly and without valid excuse violated the terms and conditions of your probation. This can be very hard to handle without an experienced attorney on your side. You should contact an attorney and discuss your options today.

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Are you planning to dispute the allegation that you missed your last probation appointment? I hope you have proof that you were actually present at the probation department or that there was no meeting scheduled. You should speak with a local attorney about this.

Experienced Criminal Defense Attorney--San Diego County--Free Consultations.

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As other attorneys in the forum have correctly noted, anyone facing a petition for violation of probation has rights in every jurisdiction, including the right to be heard as to whether a violation occurred, and as to any sentence that should be imposed upon a finding of a violation. A good local attorney can best advise about the specific practices of the specific sentencing court, and about how to best persuade the court that a violation did not occur, or that imprisonment is unnecessary for any violation (especially for a single missed meeting). A probationer's liberty is at stake in such matters, and general information in a public forum is no substitute for retaining counsel to develop a strategy to achieve the best outcome. Good luck to anyone in this situation.

The author provides answers on this site based on hypothetical questions and fact patterns. The answers provided are for general educational and informational purposes only, and they do not constitute legal advice, which would require a personal consultation and representation agreement. Questions and answers on this site do not create an attorney-client relationship, and the communications are not privileged. Any citizen with a legal issue should consult personally with an attorney and should rely only on legal advice provided in a formal attorney-client relationship.

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I urge you to secure who may discuss possible options at the initial hearing with the prosecutor and probation officer. A second evidentiary hearing may be set. Your attorney will discuss all details with you and guide and advise you. Tricia Dwyer Esq.

MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.

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