Guy with a handcuff is writing on a paper with a lawyer pointing on the paper.

What to Expect on Probation in Minnesota

When an offender is placed on probation, the offender must abide by his/her probation requirements which may include fines, electronic house arrest, jail time, community service, and other restrictions.

Guy with a handcuff is writing on a paper with a lawyer pointing on the paper.

What is Probation?

In some cases, the Court has the option of imposing probation instead of a sentence for misdemeanor, gross misdemeanor, and felony convictions. Executed sentences require jail or prison time, but probation requirements are more lenient. Conditions of probation often include monetary fines, house arrest, jail time, and community service. Depending on the type and severity of the crime committed, probation may also include:

  • Anger management
  • Domestic violence counseling
  • Drug and/or alcohol treatment
  • Drug and/or alcohol testing
  • Sex offender programs
  • Mental health treatment

When the Court imposes probation as an alternative to incarceration, the offender must abide by his/her probation requirements. The offender must meet with a probation officer as scheduled, submit to random drug and/or alcohol screenings, and obey the law. An offender who is placed on probation is typically required to meet with his/her probation officer on a set schedule. A misdemeanor offender with little or no criminal history may only be required to meet quarterly, while a gross misdemeanor or felony offender may be required to meet weekly, bi-weekly, or monthly.

Failure to meet all requirements will result in a probation violation, and the Court may then order a sentence for the conviction. For felony and gross misdemeanor offenses, a Minnesota criminal attorney can address the consequences of the probation violation.

How Long is the Probation Period?

The length of the probation period is usually linked to the offender’s criminal history and the severity of the crime. Probation for most misdemeanors is capped at one year, but convictions for misdemeanor DWI, domestic assault, indecent exposure, and obscene or harassing behavior can carry a probation period of up to two years. Probation for gross misdemeanors is generally two years, but convictions for DWI, criminal vehicular operation, or fifth-degree criminal sexual conduct can carry probation periods of up to six years. Felonies carry a minimum probation period of four years, but the statutory maximum time for imprisonment for the crime can be imposed for probation.

Offenders who meet all probation requirements and successfully complete their probationary period are often discharged early. Offenders who violate their probationary requirements or period may face extended probation time or prison sentences.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

What Happens If You Get a DWI While Riding a Scooter or E-Bike in Minneapolis?

Minnesota DWI laws apply to all types of motorized vehicles using the road. So, you may get arrested and charged with DWI while riding a scooter or E-bike if your blood alcohol concentration is 0.08 or more. The penalties for a DWI conviction may range from driver license suspension or revocation and fines to imprisonment. A conviction may also result in collateral consequences, including job loss and higher auto insurance premiums. A DWI lawyer can minimize the legal consequences or avoid them altogether. So, be sure to retain a lawyer immediately after you get arrested or charged for riding a scooter or e-bike while impaired.

Can a Criminal Record Impact New Charges in Minnesota?

People with prior convictions and facing new charges may wonder, “Can a criminal record impact new charges in Minnesota?” Having a criminal record can influence how the prosecution and court will handle your current charges. The court may deny your bail request or impose strict conditions. It may also impose harsh penalties. The prosecution, on the other hand, may be reluctant to give you a favorable plea deal if you have a prior conviction for a similar or related offense.