How is the Length of Probation Determined?
In Minnesota, as long as life imprisonment or a mandatory minimum sentence is not required by law, a sentence of jail or prison time may be stayed. This means that the full sentence will not have to be served, provided the offender successfully completes probation. Someone cannot be placed on probation indefinitely, however. There are limits to the length of time that offenders can be placed on probation, according to Minnesota Statute § 609.135, subd. 2.
Type of Conviction | Max Length of Probation | Exceptions |
Felony | FOUR years or maximum sentence for criminal conviction, whichever is longer | SIX years max probation for convictions for Criminal Vehicular Operation (609.2113, subd. 1 or 2, or 609.2114, subd. 2) |
Gross Misdemeanor | TWO years | SIX years max probation for convictions for:
|
Misdemeanor | ONE year | TWO years max probation for convictions for:
|
Petty Misdemeanor | None | None |
A court may extend probation beyond the maximum periods. Probation may be extended for an additional one year if the probationer either has not paid or is not likely to pay court-ordered restitution. And probation may be extended for an additional three years if the probationer either has not completed or is unlikely to complete court-ordered treatment. To avoid probation entirely, one can always demand execution of their sentence, but this usually involves long periods of jail or prison time.
If you are facing criminal charges and have questions about probation, contact one of our defense attorneys today at 763.421.6366 for your free consultation.