We Help Good People,

In Bad Situations, Every Day

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. 

Educating Every Client on Their Rights

We take the time to answer all your questions, explain your options, and ensure that your rights are protected every step of the way.
Certified Trial Expert
  • Over 35 Years of Criminal Defense Experience
  • Rated as Top Attorneys for Criminal Defense
  • Our Lead Attorney has a 10.0 "Superb" Avvo Rating
  • 2013-2018 Avvo Clients' Choice Award for Criminal Defense

Criminal Defense Lawyers Serving Memphis, TN

Get Started With a Free Case Evaluation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy