Probation violations carry stiff penalties and are difficult to overcome
The word probation comes from the Latin root probatum, meaning “the act of proving”. Probation is a way of proving to the court that you will not continue or repeat the crimes for which you have been charged and convicted. You are redeeming yourself in the eyes of the court; courts have almost zero tolerance for probation violations.
At Pate & Knott, our Murfreesboro criminal defense attorneys aggressively defend you if you are accused of violating the terms of your probation. We carefully analyze the facts of your case, construct innovative defense strategies and provide steadfast representation in court.
Probation is a way to avoid jail, among other things
Probation is a type of community supervision where a person who has either pled guilty to an offense, or who has been found guilty of a criminal infraction may either reduce their jail time, or avoid jail altogether by following conditions set by the court. Common scenarios where probation may be granted include:
- Cases of first time misdemeanor drug offenses.
- Misdemeanors such as public intoxication, and prostitution.
- Felony convictions of which incarceration is also an element.
If you are put on probation, you must report to a probation officer during your probationary period, and abide by rules and conditions set by the judge. Typical conditions of probation include:
- Meeting with a probation officer regularly, at set times.
- Attending counseling sessions such anger management counseling, or substance abuse counseling.
- Avoiding contact with known criminals.
- Staying in the geographic area specified by the court.
- Paying restitution to victims.
- Performing community service.
- Obtaining and maintaining employment.
- Receiving psychiatric treatment.
- Refraining from the use of or possession of firearms.
Examples of probation violations
Probation violations are either technical or substantive. Technical violations include:
- Failing a drug test.
- Failing to appear at a scheduled meeting with probation officer.
- Failing to complete community service.
- Failing to make restitution to the victim.
Substantive violations include:
- Being arrested for a new crime such as DUI or drug possession.
- Possessing or using a firearm.
- Leaving the geographic area specified by the terms of the probation.
- Visiting or associating with known law-breakers
Depending upon the nature and extent of violation, your probation officer will report you to the court and you will be called for a probation violation hearing. If you have been reported, rely on our Tennessee probation violation defense attorneys to show the court the circumstances of your alleged violation and develop a strong defense strategy to minimize penalties.
What are the consequences of violating probation in Tennessee?
If you violate any condition of your probation, the consequences can be severe. The judge can fine you, extend your sentence, and/or send you to jail. In addition, you may not get credit for time served while on probation.
Results of being found to have violated your probation include:
- Increased conditions and length of probation
- Jail time - Up to the maximum sentence prescribed by law for the original offense
- Additional charges the judge deems necessary
It is important to note that when you are found guilty of a probation violation, you might be charged with a new criminal offense; your criminal history will grow and become harder to overcome. Our Murfreesboro probation violation attorneys help you either avoid being found guilty of a probation violation, or help minimize the severity of the consequences of your violation.