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2023 December Probation revocations and Austin factors On-demand Video

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