Probation Violations in Memphis Tennessee
Memphis Criminal Attorney Fighting Against Charges
Being put on a probation is often an alternative to having to serve your sentence in jail. The person on probation is able to remain in the community, but under supervision and monitoring regulations.
The conditions of probation will vary, but generally the requirements in probation include:
- Supervision by a probation office
- Not committing any crimes
- Reporting to your probation officer
- Paying all fines and fees
- Submit to drug testing
- Community service
- Stay within certain boundaries of the city or state
Other rules could be applied and as an individual on probation, you must obey all the regulations in your order. If you violate one of the conditions, you may be charged with a probation violation. Commonly the probation officer is the person to file a warrant of probation violation to the court. A judge will review the warrant and if they approve, you could be arrested.
Understanding Your Probation Violation Hearing in Memphis
When arrested for probation violation, you have the right to a hearing. At the hearing, the judge will review the entire case and determine if you did or did not violate your probation. The State has the burden to present proof by a preponderance (majority) of the evidence that you violated the terms of your probation.
This is different than common criminal cases wherein the State has to prove beyond a reasonable doubt. They just have to prove that it was more likely that you violated your probation than not. You are able to present evidence to support your case in front of the judge along with provide a testimony on your behalf. In order to be sure that you are well represented at your hearing, team up with a skilled Memphis criminal defense attorney from The Claiborne Ferguson Law Firm, P.A.
There are several ways that someone can violate probation, including:
- Failing to show up at a court appearance
- Failing to pay a fine ordered by the court
- Failing to report to your probation officer
- Committing another crime
- Failing to obey restrictions or curfews
- Failing a drug or alcohol test
- Leaving the state or city without permission
Consequences of a Violation of Probation in Tennessee
In Tennessee, if you are charged for violating your probation, you could be facing consequences such as large fines, and possibly jail time. You may have to serve the rest of your sentence in jail rather than in the community rehab, or the judge could put you back on probation with additional conditions.
Do You Automatically Go to Jail for Violating Probation?
In Tennessee, violating probation does not automatically result in going to jail. The consequences for violating probation can vary depending on the specific circumstances of the violation and the discretion of the judge overseeing the case.
As we mentioned earlier, if a person violates their probation, the judge may choose to impose additional probation conditions, extend the length of probation, require community service, impose fines, or impose a short-term jail sentence. In some cases, the judge may also revoke probation altogether and require the person to serve their original sentence in jail or prison.
Legal Defenses to Probation Violation
There are many defenses that you can take to fight against a probation violation, team up with a skilled Memphis criminal defense lawyer to be sure that you fulfill the necessary procedures. Our firm may be able to help you reduce the severity of your probation.
We can make arguments such as:
- This is your first probation offense
- You made significant efforts to obey the regulations of your probation
- You did not intentionally violate your probation
- You were innocent altogether or there is insufficient evidence to prove a probation violation
Our probation violation attorneys are familiar with this process and may be able to help you avoid jail time and large fines. We offer a free case evaluation, so speak with one of our Memphis criminal attorneys today and see how we may be able to assist you through your case.
Get Help Now: Contact Our Memphis Defense Team for Probation Issues right away if you are at risk of a revoked probation.
We take the time to answer all your questions, explain your options, and ensure that your rights are protected every step of the way.
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Will I Go to Trial?Depending on your case and the way that your attorney approaches the case. If you and your attorney are able to reach a resolution through negotiations before trial, that you may not have to go to court. But if a remedy cannot be reached than you will have to go to trial. There are times that a case is dismissed before trial so there is a chance that your will not have to appear in court.
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