1.00 Standard CLE Credit - This webinar will cover:
- A basic overview and refresher of the probation violation process
- The 2023 legislation dealing with circumstances where commitment to prison is limited
- The application of the Rules of Evidence to restitution hearings, but not sentencings
- The interplay of Minn. R. Crim. P. 27.04 with Minn. Stat. ยงยง 609.14 and 609.135, dealing with the specific procedures for conducting probation violations
- The timing and deadlines for contested probation violation hearings
- The allocation of the burden of proof for bail settings in probation violations
- The burden of proof of clear and convincing evidence
- The requirements of court findings on the Austin/Modtland factors
- Discovery/disclosure requirements
- Requirements of a probation violation report
- Requirements of a probation violation summons or arrest warrant
- Requirement of jail credit and calculations
- Limited application of exclusionary rule to contested probation violation hearings