Probation Violation
When a person on probation fails to follow the conditions set by the court, which can lead to additional penalties or jail time.
Probation is a period of supervision that a court orders instead of (or in addition to) jail time. The court sets specific conditions you must follow, such as checking in with a probation officer, not committing new crimes, passing drug tests, attending treatment, or paying restitution. If you fail to follow any of these conditions, you can be charged with a probation violation.
In Minnesota, a probation violation hearing works differently from a regular criminal trial. The standard of proof is lower: the prosecution only needs to show that a violation occurred by “clear and convincing evidence,” not “beyond a reasonable doubt.” You do not have the right to a jury. The judge decides whether the violation happened and what the consequences should be.
The consequences of a probation violation depend on how serious the violation was and your history. For minor violations (like missing an appointment), the judge might give a warning, add more conditions, or extend the probation period. For serious violations (like committing a new crime), the judge can revoke probation entirely and impose the original jail or prison sentence that was stayed.
Why it matters: A probation violation can turn a relatively mild sentence into a much harsher one. If your probation is revoked, you could face the full sentence for the original crime. Taking probation conditions seriously and addressing any problems with your probation officer early can help you avoid a violation hearing.
Example: David was convicted of DUI and placed on two years of probation. One condition was that he complete an alcohol treatment program within six months. David did not complete the program on time. His probation officer filed a violation report, and David was called back to court. The judge extended his probation by one year and ordered him to complete the program within 90 days or face jail time.
When you are on probation and have been accused of breaking one of the conditions