Category Archives: SENTENCING

TIME SPENT IN JAIL WHILE ON PROBATION: Urban Myth – The 12 Month Limit (15-18)

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URBAN MYTH – Many years ago, an entire generation of judges and attorneys were taught that Minnesota law (MS 609.135, subd 4) established a 12 month cap on the total amount of local jail that a defendant could be required to serve (whether as a condition of probation or as a sanction for violating probation), and that any incarceration in excess of 12 months would require execution of the stayed sentence = prison.

This update is designed to dispel that myth and provide the bench and bar with a simple explanation and general rule along with supporting authority.

TO READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK: 

PendletonUpdate 15-18

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FELONY SENTENCING & PROBATION VIOLATION HEARINGS: The one thing a judge should never say or promise (15-15)

judge-pointing-finger-300x286GENERAL RULE:  During a felony sentencing or probation violation hearing (PVH), although judges may warn defendants that a violation of probation can have serious ramifications, the court should NEVER PROMISE, MAKE ANNOUNCEMENTS OR OTHERWISE IMPLY that the court will send the defendant to prison if he/she violates conditions of their probation, or that the court has otherwise prejudged the proceedings.

Warning: If such a statement is made and a reasonable examiner [i.e. an objective, unbiased, layperson with full knowledge of the facts and circumstances] would question whether the judge could impartially conduct the proceedings, then at the request of the defendant, the judge would likely be disqualified from the probation violation hearing. State v. Finch, 865 N.W.2d 696 (Minn.2015).

TO READ THE FULL TRAINING UPDATE CLICK ON FOLLOWING LINK:

PendletonUpdate 15-15

IMMIGRATION: 5 Immigration Facts Every Judge and Attorney Should Know (13-13)

There are many conviction and sentencing factors that can have a dramatic impact on the deportation status of a non-citizen defendant. This update covers five of the most common problems that every judge and attorney should be aware of and one suggested best practice. The lastimmigration.law page of the update includes references to several immigration services available to judges, attorneys and the general public.

CLICK ON LINK BELOW TO READ MORE

 PendletonUpdate13-13

DOMESTIC VIOLENCE – HOW JUDGES CAN HELP EDUCATE THE ABUSER (14-16)

Due to the recent rash of NFL arrests, the ugly specter of domestic violence has once again been thrust into the forefront of America’s consciousness. The most effective weapon against domestic violence is EDUCATION.powerandcontrol

This update will explore one very effective tool available to the court and will answer the following question:

When sentencing a defendant convicted of a domestic abuse offense, under what circumstances, should the court order (or accept) completion of an anger management program rather than a domestic abuse counseling program?

CLICK ON THE LINK BELOW TO READ MORE

PendletonUpdate14-16

RESTITUTION vs FINES – WHAT GETS PAID FIRST – NEW RULE (13-14)

QUESTION: If a defendant’s sentence includes both a fine and restitution, and if defendant makes one or more payments to court administration, what is payment first credited to – restitution or the fine?

CLICK ON LINK BELOW TO READ MORE

https://blogpendleton.files.wordpress.com/2014/08/judicial-training-update-13-14.docx