Probation Violation Lawyer in Nashville, TN.
Probation is a form of community supervision that serves as an alternative to incarceration in Tennessee. When a court orders probation, it is typically subject to revocation for any breach of the conditions set forth by the court. The duration of probation is determined based on the offender's criminal record and other relevant factors. If you are facing allegations of violating your probation in Nashville, the court may choose to impose your sentence or extend or modify the duration of your probation based on the court's determination of what is necessary.
In the state of Tennessee, the first violation of probation penalty can be severe, including incarceration and fines. If an offender violates any condition of their probation, additional punishment can be imposed. However, navigating the complexities of a probation violation case can be challenging, particularly if an individual has multiple violations. It is vital to have a skilled attorney who can protect your rights and interests and help you avoid the most severe consequences.
If you are in need of a probation violation lawyer in Nashville, Tennessee, Andrew C. Beasley, PLLC, has the expertise and experience to build a strategic defense for your case. Our team can provide a free review of your case, and we will work tirelessly to protect your interests and minimize the consequences of your probation violation. Contact us today to learn more about how we can assist you in navigating the legal system in Tennessee.
If you are being released on parole, you must understand the terms and conditions of your probation. The terms of your probation will vary depending on the crime you committed. A parole officer will be assigned to your case, ensuring you do not violate your probation. Before you are released on parole, you will need to agree to the terms and conditions of your parole.
Your probation terms may include the following:
- Report to probation and parole supervisors as directed
- Find and work at suitable employment
- Remain within a specified county, city, or state
- Pay restitution
- Support any legal dependents
- Pay any fees
- Submit to random drug or alcohol testing
- Perform public service or community service
- Permit the probation/parole supervisors to visit your home for observation
Probation Violation FAQs:
What Is Violation Of Probation In Tennessee?
If you are on probation, it's critical to follow the terms of your probation order. If you fail to do so, you risk revoking your probation and being sent to prison. In Tennessee, failure to follow the terms of your probation can result in a violation which can lead to severe consequences. You could be facing expensive fines and jail time.
You will be permitted a hearing upon your arrest for a probation violation. If the conditions of your probation are violated, a law enforcement officer or the judge can issue an arrest warrant. Violations include:
- Violating any other laws while on probation
- Associating with any other persons involved with criminal activities
- Carrying a firearm or weapon
- Visiting a place where alcohol or controlled substances are sold
What Are Probation Hearing Proceedings?
Once your hearing is set, a sentencing judge will hear your case and determine if you did violate any of the terms or conditions. You are not entitled to a jury in a probation violation hearing. Not only can probation violation allegations from witnesses be used against you, but you can be forced to testify against yourself.
Also, in a probation hearing, the prosecuting attorney only needs to prove a violation occurred by a preponderance of the evidence, which means it was more likely than not that you violated probation. The typical evidentiary standard in criminal cases is beyond a reasonable doubt. This is why it is critical to have experienced legal counsel throughout your case.
What Are Defenses To Probation Violation?
There are ways to reduce the severity of your probation violation, as the judge will look at several factors in determining the punishment for violating probation. For example, the judge will look at if you are a first-time probation offender, if you made reasonable efforts to comply with the terms of your probation, and whether you intentionally violated the duration of your probation. Defenses to a probation violation can include innocence (you did not violate probation), or insufficient evidence to show you violated probation.