PROBATION VIOLATIONS
Probation Violations in Memphis, TN: What You Need to Know
If you are facing a violation of your probation in the greater Memphis area, you need a knowledgeable and confident Memphis Criminal Defense Attorney who will fight to protect your rights and freedoms. A violation of probation can carry severe consequences, including jail time.
When you qualify for probation or diversion, the system gives you a second chance to avoid incarceration. However, if you break the conditions of your probation or parole, the ramifications can be serious. Unlike a criminal trial, probation violation hearings don’t afford the same rights, and you will be treated as a criminal whose guilt has already been established.
In Tennessee, probation violations are taken seriously, and failure to comply with probation terms can lead to jail time. That's why it’s essential to have an experienced Memphis probation violation attorney to help you navigate the legal process and, when possible, keep you out of jail.
What Happens When You Violate Probation in Tennessee?
Probation is an alternative to jail time, allowing you to serve your sentence under specific conditions. These terms often include requirements like regular check-ins with a probation officer, staying within the state, refraining from criminal activity, attending counseling, or completing community service.
If you violate any of these conditions, a probation officer can issue a warrant for your arrest. Afterward, a probation violation hearing will be scheduled to determine whether you broke any terms. The prosecution will need to prove that a violation occurred by a "preponderance of the evidence" – meaning that there is a greater than 50% chance that you violated your probation.
A judge will evaluate the nature and seriousness of the violation, as well as any aggravating or mitigating factors, before determining your sentence. The judge has several options available:
Extending your probation
Imposing additional terms and conditions
Ordering a brief time in jail
Requiring you to serve your entire sentence in jail
Why You Need an Experienced Memphis Criminal Defense Attorney
Facing a probation violation charge is serious, and the penalties can be severe. Without expert legal representation, you risk harsher consequences. You need a skilled Memphis Criminal Defense Attorney who will actively fight to minimize the penalties for your violation. With experience in handling probation violation cases, our team has the expertise needed to challenge the allegations and seek the best possible outcome for you.
We can help you understand your probation terms and conditions and will work relentlessly to defend your constitutional rights. If you have violated your probation, our goal is to help you avoid jail time and get the case dismissed when appropriate.
If you are facing a probation violation, you need a Memphis Criminal Defense Lawyer who will stand up for your rights. With harsh penalties often involved, you deserve a legal team that has the experience and tenacity to defend you. Our firm has successfully represented many clients facing probation violations and broken diversions in Memphis, Tennessee.
📞 Call (901) 552-6228 today to schedule a consultation with Attorney Joseph Pehanick.
FAQs
What are common probation violations in Tennessee?
Failing to report to your probation officer
Failing drug tests or alcohol screenings
Committing new crimes
Not completing community service or court-ordered programs
Traveling out of state without permission
Failure to pay court-ordered fines or restitution
Can I avoid jail time if I violate my probation?
There are options for avoiding jail time, including showing that the violation was a minor infraction, that you are working to correct the issue, or that there are mitigating circumstances. An experienced Memphis Criminal Defense Attorney can help you present a strong defense and negotiate with the court to avoid jail time.
Will my probation be revoked for a minor violation?
Not necessarily. Judges will consider the nature and seriousness of the violation, as well as any mitigating circumstances. For a minor violation, the judge may extend your probation, impose additional terms, or require you to complete a program rather than revoking your probation entirely.