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Probation Violation Proceedings for a Sex Offender

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  • 04-01-2011, 12:08 AM
    jshomebrew
    Probation Violation Proceedings for a Sex Offender
    My question involves criminal law for the state of: Minnesota

    My name is Jay. New to forum. I am a intelligent patriotic American! In 1997 I was charged and convicted of criminal sexual conduct by a jury. After my non paid government attorney did nothing I went to prison for four years. I was young and dumb. I have been on parole for nine years. The case is interesting to say the least.
    what I really need is after nine years a new county supervising staff is being jerks and I have a violation for refusing a home visit. It my first one I'm 9 years. I've done it right and am a success story. But I am stiffled by the stigma.
    At this hearing can I petion the court on several things?
    1. For a continuance on the hearing request my file and have time to either secure council or prepare defense of violation.
    2. Motion to be released from parole(I think I have an excellent record to argue for this if possible)
    3. Motion to have record sealed or exponged so I can further my career or get one.
    I do feel this case has many unique qualifiers on these matters any help would be great. I have a wife and four kids who are a and b honor roll. They deserve better!
  • 04-01-2011, 07:13 AM
    free9man
    Re: Mn Sex Offense Conviction Hopes for Realease from Parole
    I don't believe you're allowed to refuse a home visit from your PO without one heck of a good reason, like you're in the hospital or dead. Anything else, you'd just have to change your plans to accommodate the visit.

    1. You know your hearing is coming up, it up to you to secure counsel prior to the hearing. You can certainly try to get a continuance but depending on how much time is between the notice of hearing and the actual hearing, the court may not grant it.
    2. Getting discharged at a hearing for a violation is highly unlikely to happen.
    3. You cannot apply to have something expunged until you have completed your sentence, i.e. parole. Even then, in MN since you were convicted only the court record is sealed. Background checks would still be able to find it. None of this matters anyway because sex offenses can never be expunged.
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