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.
Probation Violation Hearing
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
Penalties of a Probation Violation
If you are charged for violating your probation, you could be facing large fines and possibly jail time. You may have to serve the rest of your sentence in jail rather than in the community or the judge could put you back on probation with additional conditions. Violating your probation is a federal offense that could result in community service, rehab, fines, jail time and a revoked probation. Having a revoked probation means that you have to serve your sentence in prison.
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. Contact The Claiborne Ferguson Law Firm, P.A. right away if you are at risk of a revoked probation. 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.