Category Archives: Urban Myth – The 12 Month Jail Limit

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

local jails
2015 calendar

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