Representation on Probation Violations

When someone is convicted of a crime, and has completed most or all of their sentence, there can have a provisional release called “parole”. Parole typically has several conditions, which may include any or all of the following:

  • Obeying the law,
  • Refraining from drug and alcohol use,
  • Avoiding contact with the parolee’s victims,
  • Avoiding contact with known felons
  • Obtaining employment, and
  • Maintaining required contacts with a parole officer

If you are found to have broken one or more of the conditions of your parole, you can be sent back to jail or prison. A probation violation typically starts with the Probation Officer accusing the parolee of violating their probation.

Mr. Ohlenberg has Extensive Experience Representing People Accused of Violating Their Parole

Once a parolee is accused of violating their parole, there is a Admit/ Deny hearing where the parolee, and a district court judge review the accusation and anything the parolee has to add. You are allowed representation at these hearings, and Mr. Ohlenberg has been successful representing people accused of violating parole. At the Admit/Deny hearing Mr. Ohlenberg will advocate for your return to parole if possible. If they are not willing to reinstate parole for the defendant, we will schedule a contested Morrissey Hearing where we examine the proof supporting the claim that parole was violated.

The State’s burden on probation violation cases is to prove by clear and convincing evidence the following Austin factors: 

1)  Defendant has been given notice of the probation violation,
2)  The violation was intentional or inexcusable, and
3)  Factors favoring incarceration outweigh factors favoring reinstating the person on probation. 

Just like a normal criminal defense hearing, no one can guarantee any given result. However, you chances of a good result can be significantly increased if you are working with an attorney who has experience in defending people in parole violation hearings.

If you have been accused of violating parole in Hennepin County, Ramsey County, the Twin Cities Metro or in Greater Minnesota, call Attorney Richard Ohlenberg to arrange a time to discuss your defense.

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