Probation Violations
in Gun Cases

Following a criminal conviction in Minnesota, the defendant is placed on probation. If you complete probation without any issues, you are discharged from probation. And you will face no additional punishment. 

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However, if you are convicted of a crime where the judge imposes a "stayed sentence" and then you receive a probation violation while on probation, the Judge may impose additional punishments. If the violation is very minimal, the Judge may decide to not impose any punishment. If the punishment is more substantial, but not super serious, he or she may impose a certain amount of time in the local jail, for example, 30 days of jail time in addition to whatever jail time you have already served. Or the Judge could impose 180 days. Depending on your case there may be a lot of latitude in what the judge will impose. In certain circumstances, the Judge may revoke probation and require you to serve the entire amount of your sentence that was stayed. As an example, if you were convicted of 1st degree assault, with a stayed sentence of 86 months, the judge could require you to serve the 86 months in prison because of the probation violation. Even the sentence was originally stayed. 

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The concern is two-fold if you are being charged with a gun crime. 1st, are you on probation for another offense when you are charged with the gun crime? Being charged with a new crime may trigger a probation violation allegation in your old case. 2nd, if you are convicted and placed on probation for your current offense, do everything possible to follow the terms of probation while you are on probation. A probation violation can results in serious consequences for you. You do not want a probation violation to trip you up. 

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If you are being charged with a gun crime and are concerned about the ramifications of probation violations you should contact a criminal defense attorney who focuses on defending gun cases. A skilled criminal defense attorney will be able to strategize about how to best navigate your probation situation. Contact Subzero Criminal Defense today. 651-248-5142.