Facing a Probation Violation in Minnesota? Here’s What You Need to Know
If you're on probation here in Minnesota and find yourself facing a possible violation, you're probably feeling stressed—and for good reason. A probation violation can lead to jail or time, stricter conditions, or even prison.
At Jack Rice Defense, we help people across Minnesota protect their rights and fight back when probation is on the line. Contact us at 651-447-7650 or 612-227-1339.
Let’s walk through what really happens during a probation violation case, what you can expect, and why having the right defense lawyer can make all the difference.
Two Key Steps in a Probation Violation Case
Probation hearings in Minnesota typically happen in two parts:
1. Admit/Deny Hearing: Your First Step
This is the first time you'll go to court for the alleged violation. The judge will ask a simple question: Do you admit or deny the violation?
It may sound simple, but this is a big moment. And just like in a criminal trial, you still have important rights:
The right to a lawyer
The right to see the evidence against you
The right to a hearing
The right to testify or stay silent
The right to explain any circumstances behind the violation
You do not have to go through this alone. We’ll walk you through the process, look at the evidence, and make sure your side is heard—loud and clear. Give us a call at 651-447-7650 or 612-227-1339.
2. Morrissey Hearing: The Final Decision
If you deny the violation, the next step is a Morrissey Hearing. This is where a judge will hear the evidence and decide whether you actually violated the terms of your probation.
Here’s how this hearing is different from a regular criminal trial:
No jury—just the judge.
Less evidence required—the state only has to prove the violation by “clear and convincing evidence,” not “beyond a reasonable doubt.”
More flexible rules—evidence that wouldn’t normally be allowed in a trial, like hearsay, can be used here.
That’s why it’s so important to have an experienced defense attorney on your side who knows how to challenge this kind of evidence.
What Does the Judge Look At?
To revoke your probation, the judge needs to see three things:
That you actually broke a specific rule of your probation
That you did it on purpose or without a good excuse
That sending you to jail or prison is necessary and makes more sense than keeping you on probation
You’ll have a chance to share your story—why it happened, what you’ve done to stay on track, and why you deserve another shot. Things like:
Staying in touch with your probation officer
Following other conditions of probation
Taking responsibility for your actions
Personal challenges or life circumstances that played a role
What Can Happen If the Judge Finds a Violation?
The judge has a few options. Depending on your case, they could:
Let you stay on probation with the same conditions
Add new or stricter conditions
Revoke your probation entirely and send you to jail or prison
Even if probation is revoked, time you’ve already spent in jail, residential treatment, or house arrest might count toward your sentence.
Other possible penalties include:
Fines
Community service
House arrest or electronic monitoring
A longer probation period
For example, if you were originally sentenced to 3 years of probation but the court allowed for up to 5, the judge could extend it to the full 5 years.
What You Can Do Right Now
If you’re still on probation, keep following the rules. The more proof you have that you're taking things seriously, the stronger your case will be.
If you’re already in custody, don’t worry we’ll gather the information needed to show the court you’ve been trying to stay on track.
Why You Need a Lawyer for This
Probation hearings may not seem as serious as a criminal trial, but they absolutely are. The outcome could change your life.
At Jack Rice Defense, we’ve helped clients all over Minnesota face probation violations head-on and get the best possible result.
We know how to challenge the evidence, present your side of the story, and fight for your freedom.
Talk to Us Today
Don’t wait. If you’re facing a probation violation, get in touch now. We offer free, confidential consultations, and we’re here to help.
📞 Call us at 651-447-7650 or 612-227-1339
Jack Rice Defense – Trusted. Aggressive. On your side.