SUBJECT: Training Update: The 12-Month Probationary Jail Urban Myth.
Dear Colleagues:
An urban myth has developed in Minnesota criminal practice regarding the amount of local jail time a district court may impose while a defendant is on probation.
The common misconception is that once a defendant has served a cumulative total of 12 months in jail as a condition of probation, the court has no authority to impose any additional jail time following a probation violation. Under this mistaken view, the court must execute the stayed prison sentence if further incarceration is warranted.
But the 12-month probationary jail rule does not operate that way.
This new Judicial Training Update is designed to clarify the urban myth, explain the important distinction between a per-sanction limit and a cumulative cap, and summarize the Minnesota appellate decisions that govern the issue.
This update can be read in approximately 5 to 10 minutes. As always, I hope you find this both helpful in your practice and useful in the courtroom. If it resonates with you, please feel free to share it with colleagues who may find it helpful.
The link to the update is attached below.
👉 Click here for a print-ready copy of Training Update 26-08
👉Click here to access Update 26-08 on the Minnesota Judicial Training and Education Website
Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 