CASE LAW UPDATE: Whether the need for confinement outweighed the policies favoring probation?
Defendant was convicted of ineligible person in possession of a firearm. When sentenced, he was placed on probation. While on probation, he did not successfully complete drug treatment, failed numerous drug tests, and drove under the influence of methamphetamine and PCP. After a probation violation hearing, the trial court revoked his probation. Defendant appealed. The Minnesota Court of Appeals upheld the revocation on the grounds that the need for confinement outweighed the policies favoring probation.
State v. Scaife, Hennepin County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.