Probation Violation

Probation Hearings

Morrissey Hearing

In this hearing, the judge examines the evidence presented by both sides and decides whether you violated the terms of your probation. If you admit to a violation or the court finds you guilty, they may revoke your probation. Or the judge may also allow your probation to continue with or without extra consequences.

admit/deny hearing

There are two stages to Minnesota probation revocation hearings. The first appearance is referred to as an “Admit/Deny” hearing.

The person on probation has the option of admitting or denying the alleged probation violation. Defendants in an admit/deny hearing enjoy the same rights as defendants in criminal trials.

Before the hearings proceed, authorities must advise you of your right to

• An attorney

• Disclosure of all evidence against you

• A hearing on the merits of the violation

• Testify on your own behalf

• Present mitigating evidence or extenuating circumstances that may have led to your violation

Importantly, you do not have to go to an admit/deny hearing alone. An attorney can represent you and make your side of the story known.

It’s worth noting that probation hearings are just as important as other court proceedings. If you’re found in violation of your probation, the potential consequences can range from being placed back on probation to serving jail time. As such, it’s important to understand your rights and have an attorney who can protect you from harsher consequences for a violation.

Probation Revocation Hearings

As is the case with the Admit/Deny hearing, authorities will inform you of your rights discussed above.

One of the major differences between a criminal trial and a probation violation hearing is that a judge presides over the hearing. There is no jury involved.

Also, the state’s standard of proof is less in a probation hearing. In a criminal trial, the prosecutor must meet the high standard of “beyond a reasonable doubt.” In a probation hearing, the state only needs to show by a “clear and convincing” standard that you committed the violation.

Rules of Evidence in a Probation Revocation Hearing

Rules of evidence also do not apply in a probation revocation hearing. This means that prosecutors can introduce some types of evidence that a judge would not allow in a trial.

This type of evidence is known as hearsay evidence. In essence, hearsay evidence is any statement offered in evidence to prove the truth, but is not made by a witness testifying. Courts ban this as it deprives the defendant of the right to cross-examine the individual who made the statement.

Elements of Proof

The State must show that the individual on probation committed the violation. The prosecutor must prove the following:

• The individual violated a specific term or condition.

• It was inexcusable or intentional.

• The need for confinement is greater than the policies favoring probation.

When making a decision based on the third element, the court will review the facts of the underlying offense, as well as the conduct.

Here, the judge will give you a chance to present mitigating evidence, such as

• Contact with your probation officer.

• Compliance with the other terms of your probation.

• Accepting responsibility (which may show the judge that the violation is not evidence of a larger problem).

Preparing for a Probation Revocation Hearing

The best way to prepare for a probation violation hearing is by remaining compliant with the conditions of your probation.

Continuing to meet the requirements of your probation and bringing proof that you did will be a huge benefit to you. If you’re in custody, your attorney will gather information to show that you were in compliance with the probationary conditions.

Possible Penalties of a Probation Violation

At the end of your probation revocation hearing, the judge determines if you violated specific terms of your probation. If the judge finds you to be in violation, they will consider the seriousness of the violation, your criminal history, and other factors recommended by the probation department.

The judge can choose to

• Reinstate probation without changing the conditions.

• Modify probation with new, stricter conditions.

• Revoke probation, meaning that you’re going to serve your jail or prison sentence.

You can request that the time you spent in a residential treatment facility, jail, or prison be credited toward your sentence.

For instance, if convicted of a felony punishable by a 2-year sentence, you could end up serving only eight months in prison for that sentence.

If a judge revokes your probation, you could face extra fines, community service, and house arrest.

There’s a wide range of possible penalties for probation violations, including a longer probationary period. For instance, if you’re placed on probation for 3 years, but the maximum is 5 years, a judge could extend your probation for the full 5 years.