You definitely have a right to an attorney to contest an alleged probation violation if you refuse to sign the agreement to extend probation that your PO wats you to sign. They will probably claim that your original sentence required a Psycho-sexual eval., as you mentioned AND that you comply w/the recommendations of the Eval (meaning complete treatment if recommended). So, they will claim that you may have done some treatment but that you can't complete it before your current 1 year probation expires 7/30/12. If you do not want to be on probation for another 2 years and be forced to do treatment during that time, then you definitely should get an experienced Minnesota Criminal Defense attorney to help you fight this.
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Based on the situation presented here, it seems that if you decline to agree to an extension of probation, that the Probation Officer may seek to have the Stay revoked. That would require a hearing (two court appearances total), at which you could contest whether you substantially violated a condition of the Stay. In terms of what bad thing they could do to you, if you were convicted of a misdemeanor then the level of conviction could not change. They could only execute jail time - whatever part of the 90 days that has not yet been served. Generally the condition "psychosexual evaluation" is associated with the additional condition "complete the recommended treatment." So at the probation revocation hearing whether you completed would be an issue; but the reall issue should be whether you "substantially violated" a condition. I beleive that to show a probationer "substantially violated" a condition reuires some showing of bad faith on the part of the probationer. If the probationer made reasonable efforts, but there was not enough time to complete, for example, that a court should not view that as a "substantial violation" since there was no bad faith failure to do everything possible, as requested. I doubt very much whehter this would have any real chance of success without a lawyer. I agree with Mr. Keller's answer.
Do not sign the extension. There is no reason for it. If your case was a misdemeanor then you should naturally be off probation anyway. A two your extension would be illegal. If they are not violating you then they cannot extend your probation. You should have a lawyer take a look at this issue.
Whether or not the probation can be extended depends on the language of your sentence and the requirements of probation. It is likely that the conditions included having a psychosexual evaluation performed and following all conditions of probation. If you fail to agree to the extension of probation, the officer may seek to revoke the stayed sentence based on a probation violation. Whether that is possible would require a careful review of the facts.
It would certainly appear that you have challenges to the extension. For a consultation call 612.240.8005.
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