Facing a new felony charge while you are already on probation in Minnesota can create a complicated and serious situation.
Probation is meant to be an alternative to jail or prison, but violating its terms (especially by being charged with a new crime) can quickly lead to harsher consequences.
At Martine Law, we understand that different things can happen and that good people can make bad decisions. We are ready to help.
Understanding what happens in this situation is critical to protecting your rights and preparing a strong defense.
What Does Being on Probation Mean in Minnesota?
Probation allows you to serve part or all of your sentence in the community under supervision instead of in custody. In exchange, you agree to follow certain conditions such as:
- Attending regular check-ins with your probation officer
- Avoiding new criminal charges
- Completing treatment or counseling programs
- Abstaining from drugs and alcohol
- Paying fines, restitution, or fees
Violating these conditions can result in penalties ranging from warnings to being sent back to jail or prison.
What Happens If You’re Charged With a New Felony While on Probation?
If you are charged with a new felony while on probation, two separate legal processes begin:
- The new criminal case: You must defend yourself against the new felony charge in court.
- The probation violation process: The court may decide that being charged with a new offense violates the terms of your probation, even before the case is resolved.
This means you could face consequences for violating probation even if the new charge has not yet led to a conviction. Call Martine Law today.
Possible Outcomes of a Probation Violation
When a probation violation is alleged, the court will schedule a violation hearing. Possible outcomes include:
- Continuation of probation: In rare cases, the judge may allow you to stay on probation with the same terms.
- Modification of probation: Stricter conditions may be added, such as increased reporting or mandatory treatment.
- Revocation of probation: The judge may revoke your probation and order you to serve the original jail or prison sentence.
- Consecutive sentences: If convicted of the new felony, the sentence may be added on top of the reinstated sentence for the original offense.
Not sure what the best outcome is for your case? If you are afraid of the consequences, call Martine Law today.
Why Being Charged Can Be Enough to Violate Probation
It’s important to know that probation violations do not require proof beyond a reasonable doubt, like a criminal trial. Instead, the court only needs to find it more likely than not that you violated probation.
This lower standard makes it easier for the state to pursue violations even before your new case is resolved.
How a Lawyer Can Help If You’re Facing Both Probation and New Felony Charges
Being on probation and charged with a new felony creates high stakes. You are fighting two battles at once (your new criminal case and your probation status). A skilled Minnesota criminal defense lawyer can:
- Challenge the new felony charges and seek dismissal or reduction
- Argue for alternatives to revocation in your probation violation hearing
- Present mitigating evidence to minimize penalties
- Negotiate with prosecutors to prevent consecutive sentences
- Protect your rights throughout both proceedings
At Martine Law, we understand how overwhelming this situation can feel. You are not alone, and we are here to provide the strong, informed defense you need.
Need Help With Probation Violations or New Felony Charges in Minnesota?
If you or a loved one is on probation and facing new felony charges, the consequences can be severe. Acting quickly with the right legal representation is the best way to protect your future.
Call Martine Law or schedule a confidential consultation online. Our experienced Minnesota criminal defense attorneys are ready to fight for you.