Skip to content Skip to footer
Menu Close
Close
Client Portal

Probation Violation Defense Attorney in Minnesota

Defending Your Freedom When Probation Is at Risk

Probation is supposed to offer a second chance—but when a violation is alleged, that second chance can disappear fast. Judges may revoke your stay of sentence, impose jail time, or add harsher conditions.

At Rob Doar Law, we represent Minnesotans accused of probation violations with clear, strategic defense. Whether you missed an appointment, failed a test, or picked up a new charge, we work to keep your sentence fair, your rights intact, and your future moving forward.

Understanding Probation Violation Allegations in Minnesota

Probation violations in Minnesota fall into two broad categories: technical and new law violations.
A hearing must be held before a sentence can be executed, and the state must prove the violation was intentional or inexcusable:

  • Technical Violations:

    Missing check-ins, failing to complete treatment, curfew violations, or non-payment of fines.

  • New Law Violations:

    Being charged with a new crime while on probation, which may trigger immediate detention and revocation proceedings.

  • Violation Hearing (Morrissey Hearing):

    A two-step process where the court decides if a violation occurred, and if so, what sanction is appropriate.

  • Imposing a Stayed Sentence:

    If probation is revoked, the court may execute a previously stayed jail or prison sentence.

Relevant Legal Authority:
  • Violation Procedure: Minn. R. Crim. P. 27.04
  • Revocation Statute: Minn. Stat. § 609.14
  • Sentence Modification: Minn. R. Crim. P. 27.03, subd. 9
  • Stay of Imposition/Execution: Minn. Stat. § 609.135
  • Right to Counsel & Due Process: State v. Modtland, 695 N.W.2d 602 (Minn. 2005)

A bump in the road shouldn’t cost you your freedom. How Probation Violation Defense Is Built:

  • Challenging the Violation: Did the state prove the violation occurred? Was it willful or inexcusable? Did the probation officer act within policy?
  • Demonstrating Compliance or Mitigation: If the violation occurred, was it due to circumstances outside your control? Have you since come back into compliance?
  • Arguing for Alternatives to Jail: Judges can continue probation, impose intermediate sanctions, or modify terms without executing a full sentence. An attorney can advocate for the least restrictive option.
  • Protecting Your Record and Future: Avoiding execution or new convictions can preserve housing, employment, and rehabilitation progress.

We work to resolve violations fairly—so one mistake doesn’t undo your entire second chance.

Each Case is Unique

The specific charges and potential penalties depend on the incident's details.
Contact us for help charting a strategic path through these challenges.
Contact Us

Navigating the Legal Process

Understanding the path ahead can provide peace of mind.
Here’s what you can expect:

    • Initial Consultation: Discuss your case details and concerns.
    • Violation Evaluation: Analyze evidence and identify defense strategies.
    • Admit/Deny Proceedings: Attend hearings and negotiate with prosecutors.
    • Contested Hearing: Present your defense before a judge, cross examine witnesses, and argue for appropriate disposition.

Throughout this process, Rob Doar Law serves as your anchor, providing steadfast support and guidance.

Contact Rob Doar Law Today

Probation violations can carry major consequences—but not every misstep deserves a jail cell. We help you navigate hearings, avoid revocation, and stay focused on what comes next.
Set up a no-obligation consultation to discuss your case and how we can help.

Free Consultation

Frequently Asked Questions

You’ll likely be served with a probation violation report and/or warrant and may be held in custody pending a hearing. At the hearing, the judge will determine whether a violation occurred and what the consequences should be. Legal representation is critical at this stage.

Yes, especially if the court believes the violation was intentional or repeated. However, judges often have discretion and may impose intermediate sanctions instead. An attorney can present mitigating evidence to avoid jail.

A Morrissey hearing is a probation violation hearing held in two parts: first, to determine whether a violation occurred; second, to determine what consequence (if any) should follow. You have the right to counsel and to challenge the evidence presented.

Yes. The state must prove the violation occurred and that it was intentional or inexcusable. Your attorney can cross-examine witnesses, present your side of the story, and argue for continued probation instead of revocation.

A stay of adjudication means the court delays entering a conviction while the defendant completes probation. If probation is successfully completed, the case is dismissed without a conviction on record. However, a probation violation can result in the adjudication being imposed and a conviction formally entered.

A stay of imposition means the court doesn’t impose a sentence unless probation is revoked, and your record may will show a reduced severity level. A stay of execution means the severity of the sentence is imposed but not carried out unless you violate probation.

Yes. Your attorney can file a motion under Minn. R. Crim. P. 27.03, subd. 9 to modify the terms or conditions of probation based on good conduct, hardship, or rehabilitation progress.

You could face both a new criminal prosecution and a probation violation hearing. Even without a conviction on the new charge, the court may find a violation based on clear and convincing evidence. A defense lawyer can fight both matters simultaneously.

Probation terms vary by offense. Misdemeanors often carry 1–2 years, while felonies may run 3–5 years or longer. An attorney can help you petition for early discharge if you’ve met all conditions and remained law-abiding.

wpChatIcon