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  1. #1

    Default Probation Violation Defense

    My question involves criminal law for the state of: Minnesota

    Hi,

    I was convicted of my 3rd DWI in late 2004. I violated my probation 3 times.
    1st time I admitted the accusation of testing positive for marijuana and did 30 days in work release.
    2nd time I was up against failure to report to probation and also testing positive for marijuana. I admitted to failure to report and the prosecution did not pursue the positive THC test. A condition the Judged placed on me was to submit to weekly drug tests and If I tested positive I was to get a drug evaluation and follow the recommendations. At this point I was ecstatic as I the date they gave me to complete all of this was after my probation end date. That was a major miscalculation on my part. I knew I was failing the drug tests and refused to get the eval as I thought the probation was a finish line. Probation violated me 6 days before my "end date" for failing approx 5 urine tests, failure to get a drug eval, failure to report. I missed the letter as I'm sure I scoffed at a letter from the court as i thought I beat them. I missed the court date and warranted and picked up 4 months later. I've denied all of the accusations and am committed to trying to plea to failure to appear only or take it to trial and go down swinging.

    I have job stability of 5 years I have had no alcohol related probation incidents. I have passed through an extensive repeat offender program with alcohol monitors. I have served 5 months of my year sentence.

    What can I do?

    Please, any advice is much appreciated. I wouldn't even mind jokes at my expense. Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Probation Violation Defense Questions

    I have passed through an extensive repeat offender program with alcohol monitors.
    but what about the pot?
    I have job stability of 5 years I have had no alcohol related probation incidents
    .
    ya but you seem to have violated every other aspect of your probation. No alcohol doesn't mean a lot if that is the only positive aspect of your probation.


    What can I do?
    pack your jammies and KY.

  3. #3

    Smile Re: Probation Violation Defense Questions

    Quote Quoting jk
    View Post
    but what about the pot?
    .
    ya but you seem to have violated every other aspect of your probation. No alcohol doesn't mean a lot if that is the only positive aspect of your probation.




    pack your jammies and KY.

    That's funny. I'm not facing prison time so i'll leave my KY at you're moms.

    If I didn't get the plea I want and went to trial could a articulate handsome man like me yet sympathy that I've been through enough and should be left alone. I'm really handsome.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Probation Violation Defense Questions

    E=AndrewEyedea;340751]That's funny. I'm not facing prison time so i'll leave my KY at you're moms.
    well, if you have been visiting my mom, you have more problems than this forum can help you with. She died about 20 years ago and was cremated.



    If I didn't get the plea I want and went to trial could a articulate handsome man like me yet sympathy that I've been through enough and should be left alone. I'm really handsome.
    no but being handsome might be an advantage where you will be going.

    what are you missing? You have violated your probation in every way possible except you didn't drink (or get caught drinking). What makes you think they will come to a plea deal with you? There is no reason for them to do so and I have no idea what you are talking about with a trial. You already had a trial. You were found guilty. They gave you rules to live by. You blew off the rules. They can now impose the original penalty that they deferred when they put you on probation. All they do is take you into court and say, "you violated your rules of probation, now you get the real deal"

  5. #5

    Default Re: Probation Violation Defense

    I guess your not familiar with the laws in Minnesota. I've gone through this once already. I received a plea last time. Never mind smart ass guy who thinks he's smart but really isn't. It's probably not a good idea for you to be giving advice.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Probation Violation Defense

    Quote Quoting AndrewEyedea
    View Post
    I guess your not familiar with the laws in Minnesota. I've gone through this once already. I received a plea last time. Never mind smart ass guy who thinks he's smart but really isn't. It's probably not a good idea for you to be giving advice.
    Oh, so you admit you have already violated probation before. Ya, that bodes well for you.

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