What You Need to Know About Probation in Minnesota
If you’re on probation, it means the court is giving you a second chance — but that chance comes with strings attached. Probation is serious business. While it can help you stay out of jail, it also comes with a long list of rules. And if you break them, the consequences can be just as serious. In fact, there are circumstances when the risks of a probation violation can be substantially worse than what you experienced from the underlying conviction. If you are facing a probation violation, contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
“Sometimes, probation violations can be worse, far worse, than what happened to you when you were sentenced.”
Let’s break down what probation really means, what’s expected of you, and what happens if things go wrong.
What Does Probation Actually Involve?
Probation isn’t the same for everyone. Your terms will depend on a few things: the crime involved, your past record, and what the judge thinks is appropriate for your case.
Judges in Minnesota have a lot of freedom to set conditions — as long as they make sense in relation to the offense. Some conditions are pretty common though, and here are a few you’re likely to see:
Common Probation Rules:
Don’t break any laws You might here “remain law abiding.”
Pay any fines or restitution the court orders
Stay away from drugs and alcohol
Attend treatment programs if required
Don’t drive with any alcohol in your system
Use an ignition interlock device, if ordered
Take random drug or alcohol tests
Agree to let police search you or your property (sometimes without a warrant)
Keep a job or go to school
Avoid contact with certain people (especially victims) usually called a “No Contact Order”
Complete community work service or sentence to service
Don’t commit the same or similar crimes
Stay in touch with your probation officer
Don’t leave Minnesota without permission
Wear an ankle monitor, if required
No guns — don’t own, carry, or even be near them
The truth is, probation can feel restrictive. But following these rules is essential if you want to avoid more trouble.
What Happens If You Violate Probation?
Violations happen more often than you might think — sometimes by mistake, sometimes not. Either way, a violation can lead to serious consequences.
Some of the Most Common Violations Include:
Missing a court date
Getting arrested for a new offense
Not paying court-ordered fines or restitution (when you can afford to)
Skipping meetings with your probation officer
Failing a drug or alcohol test
Leaving the state without letting your probation officer know
If you’re suspected of breaking your probation terms, a probation officer or the police can arrest you. And if you miss a court date or fail to check in, the judge can issue a warrant for your arrest.
Types of Probation Violations
Not all violations are treated the same way. In Minnesota, they generally fall into two main categories:
1. Direct Violations
These are clear, intentional violations — things like using drugs, skipping counseling, or committing a new crime. They’re serious and harder to explain away.
2. Technical Violations
These usually aren’t done on purpose. Maybe you didn’t realize your probation term wasn’t over, or you missed a meeting because of a transportation issue. While they’re still violations, judges may be more understanding depending on the circumstances.
Still — any violation can get you in hot water, so it’s important to take every requirement seriously.
What If You're Accused of a Violation?
If you’re accused of violating your probation, things can move quickly. A formal report is usually filed, and if you disagree with the allegations, you’ll have to go through a special type of hearing called a Morrissey hearing. This is where the court decides whether you actually violated your probation and what the consequences should be.
If the court sides against you, the judge could:
Add new probation conditions
Extend your probation
Revoke probation and send you to jail or prison. This is sometimes called “executing on time.”
“Some Judges see probation as a chance and if you screw up . . . .”
Jack Rice Defense Can Help
Facing a probation violation or just trying to make sure you stay on track? You don’t have to handle it alone.
📞 Call Jack Rice Defense today at 651-447-7650 or 612-227-1339 for a free and confidential consultation.
We know what’s at stake — your freedom, your future, and your peace of mind. When everything is on the line, make sure you’ve got Jack Rice Defense in your corner.