The Mn Criminal Defense, Personal Injury & Family Law Blog
Differences Between Probation and Deferred Adjudication in Buffalo, MN
October 7, 2021
In all but the most serious offenses, such as murder, almost everyone receives probation, unless they have lengthy criminal records. That’s especially true if there is any hope whatsoever that the defendant might be rehabilitated.
For the most part, incarceration is entirely punitive. That’s not true in all cases. A few inmates are “scared straight,” and a few others have religious experiences or acquire necessary life skills, like a GED. But the prison recidivism rate is over 80 percent. So, there is obviously not much rehabilitation behind bars. On a related note, prison is much more expensive than probation and also more of a hot-button political issue. These facts are not lost on Minnesota lawmakers.
Typically, either regular probation or deferred adjudication may be available. A Buffalo, MN felony lawyer will carefully review the pros and cons of each option. Nothing can substitute for a face-to-face consultation and complete representation, but a brief outline of the similarities and differences is below.
What Are Probation and Deferred Adjudication in Minnesota?
We’ll talk about the differences between these two punishments next. But first, let’s discuss what probation and deferred adjudication are, exactly, in Buffalo, MN.
Probation is typically an alternative to jail or prison time in Minnesota. After a court convicts an offender of a crime, a Buffalo criminal defense lawyer can request probation instead of jail time. Importantly, probation doesn’t mean the offense gets wiped off the offender’s record.
During probation, the offender will also have to fulfill certain court-ordered conditions of probation. The exact conditions a court will order varies based on the nature and severity of the crime.For example, a drug crime offense might earn someone monthly drug testing and narcotics awareness courses.
Sometimes, an offender might only receive probation to the court. This usually applies to cases where the offender’s only condition is that he or she not commit another crime while on probation.
Offenders with more probation conditions than abiding by the law alone may instead have to answer to a correctional officer. Probational correction officers are also known as probation officers in Minnesota.
The exact length of the probationary period also varies by crime. In general, offenders must be on probation for anywhere from one to six years. After the offender completes probation, the crime will stay on his or her record unless expunged.
In Minnesota, deferred adjudication is also known as deferred probation or a “stay of adjudication.” Though deferred adjudication requires an affirmative defense (i.e., you must admit a guilty plea), this outcome is highly desirable in criminal cases.
Why? Because deferred adjudication means that the offender doesn’t receive a conviction. Offenders who receive stays of adjudication can get their charges removed from their records.
However, these individuals must first meet the terms of the stay. What are “terms of the stay”? The exact terms of a stay of adjudication vary by crime and individual.
Terms of a stay commonly include statements requiring the offender to stay crime-free for at least a year. Other terms might enforce mandatory community service, fines, and certain courses (e.g., drug and alcohol awareness, self-improvement classes, etc.).
As long as the offender fully completes the stay of adjudication’s terms, the court will expunge the charge from his or her record.
If the offender doesn’t complete the terms of the stay of adjudication, the offense will remain on his or her record until it’s eligible for expungement. It’s also up to the judge whether the offender must also serve jail time and/or pay fines.
Which Crimes Qualify for Probation and Deferred Adjudication?
Were you recently charged with a crime in Buffalo? A Minnesota criminal defense lawyer can help you decide whether probation or deferred adjudication is right for you.
We’ve compiled the top crimes that do and don’t qualify for these sentencing options below to give you a head start.
Which Crimes Can Receive Deferred Adjudication in Buffalo, MN?
Section 152.18 of the Minnesota Statutes mandates deferred adjudication for some first-time drug charges. This includes third-, fourth-, and fifth-degree drug possession crimes. Deferred adjudication is also applicable to:
Schedule V drug possession
Small amounts of marijuana possession
Synthetic cannabinoid possession and/or sale
In order to qualify for deferred adjudication, the crime must be a first offense. The offender must also not have any prior stays of adjudication related to a drug offense.
Which Crimes Can Receive Probation in Buffalo, MN?
Minnesota courts typically prefer probation over jail time. This is because probation costs less than prison. And some studies show that probation may actually reverse mass incarceration rates, cutting costs even further.
As such, offenders can receive probation for almost any crime in Minnesota. This includes misdemeanor crimes, gross misdemeanors, and even felonies. Following is a list of crimes for which probation is a sentencing option:
Misdemeanor crimes, including DWIs, Indecent Exposure charges, and Domestic Assault.
Gross Misdemeanors, including Criminal Vehicular Operation (CVO) and fifth-degree sex crimes
Felonies, including felony-level CVO
Felony offenders can receive a max of four years probation. The only exception is felony-level CVO, which incurs a six-year maximum probation sentence.
Most gross misdemeanor crimes can earn offenders up to two years of probation. However, the gross misdemeanor crimes we listed above incur up to six years maximum probation.
Excepting the misdemeanor crimes we listed above, offenders with misdemeanors can earn up to one year of probation. Petty misdemeanors aren’t eligible for jail time and, thus, ineligible for probation.
Similarities Between Regular and Deferred Probation in Wright County
As far as the defendant is concerned, regular probation and deferred adjudication are exactly the same. After appearing before a judge and pleading guilty or no contest, the defendant meets with a probation officer who reviews the conditions of probation. Some of these conditions include:
Commit No Other Offenses: About 75 percent of all motions to revoke probation are based on subsequent offenses. Sometimes, prosecutors jump the gun and file motions to revoke immediately after arrest. A good Buffalo, MN felony lawyer can often at least delay revocation proceedings in these situations.
Failure to Report: This offense is probably the second most common infraction. Normally, probationers must report monthly and produce certain documents, such as school transcripts or paystubs, to show they are on the straight and narrow. Typically, prosecutors do not file revocation motions unless the defendant misses multiple meetings without explanation.
Monetary Delinquency: Probationers must pay fines and court costs. They must also pay monthly supervision fees. If the motion alleges no other violation, a Buffalo, MN felony lawyer may be able to get the case thrown out on constitutional grounds. Debtors’ prisons are illegal in the United States.
Failure to Meet Program Requirements: Probationers must also complete community service requirements, attend self-improvement classes, and fulfill other such requirements. If prosecutors file motions to revoke on these grounds, and it is rare to do so, they usually withdraw them if the defendant complies immediately.
Most probation conditions also include a catch-all provision, such as avoiding disreputable activities and places. This provision gives probation officers an excuse to require random drug tests and force the probationer to submit to warrantless searches.
A motion for early discharge from regular or deferred probation may be an option, in some cases. If the judge grants the motion, defendants are immediately released from all requirements.
Some Key Differences
Regular probation goes on a defendant’s permanent record as a conviction, just as if the defendant received a jail or prison sentence. If the defendant violates probation, any jail or prison sentence is limited to the figure the prosecutor and Buffalo, MN felony lawyer worked out in a plea agreement.
Deferred disposition is different on both these points. If the defendant successfully completes deferred probation, the judge dismisses the case. The arrest record remains, but there is no conviction record. So, if a job or college application requires disclosure of any prior criminal convictions, the applicant can write “none.”
Now for the downside. If the defendant violates probation in any way, including trivial violations, and a Buffalo, MN felony lawyer cannot defeat the motion, the judge may sentence the defendant to anything up to the maximum incarceration period under the law.
So, deferred adjudication is a pretty significant risk. But, it’s also a risk worth taking, at least in many cases.
How a Buffalo, MN Felony Lawyer Arranges for Deferred Adjudication
Wright County prosecutors may offer deferred adjudication in nonviolent misdemeanors, but probably not in other cases. However, that does not mean deferred is unavailable.
Many times, Buffalo, MN felony lawyers leverage defenses during the plea bargaining process, such as lack of a search warrant, to obtain better deals, like deferred adjudication. In other cases, the prosecutor may have proof problems. For example, a key witness may be unavailable. A prosecutor might offer deferred adjudication to avoid the risk of a trial.
If all else fails, an open plea may be an option for a Buffalo, MN felony lawyer. Defendants literally throw themselves on the mercy of the court. During open pleas, the judge may hear from character and other witnesses.
Contact a Dedicated Minnesota Defense Lawyer
If you want to avoid serving jail time in Minnesota, probation is the best sentencing option for you. Better yet, deferred adjudication can result in the expungement of your conviction altogether. Working with a criminal defense attorney in Minnesota can help you learn which of these options is best for your case.
Are you wondering whether probation or deferred adjudication will work for your criminal case? Most defendants have several sentencing options, even if they plead guilty. For a free consultation with an experienced Buffalo, MN felony lawyer, contact Carlson & Jones, P.A. We routinely handle matters in Wright County and nearby jurisdictions.
Originally published on September 17, 2019 and updated on October 7, 2021.