VIOLATIONS OF PROBATION IN tENNESSEE
What is a violation of probation?
What is a violation of probation?
In general, a probation violation happens when you break or fail to complete any of the terms or conditions of your probation at any time during the probation period. Periods of probation vary, but are often 11 months and 29 days long for misdemeanors and multiple years for felony sentences.
Circumstances that may cause a probation violation include the following:
1. Failing to appear for or failing a drug or alcohol test
2. Failing to report to your probation officer
3. Failing to pay restitution, fines or fees
4. Failing to complete classes such as Alcohol Safety School or Batterers Intervention Program
5. Committing new criminal offenses or getting arrested for new crimes
What happens when I go to court on a violation of probation?
Having a knowledgeable and experienced attorney by your side during your court date can make all the difference. On your court date, it is likely that you will have a violation of probation hearing. At that hearing, the judge will decide whether you violated your probation by a preponderance of the evidence standard. At that hearing, your probation officer will testify and tell the judge how you violated your probation. You will have the chance to respond and admit or deny that you violated your probation and to explain the circumstances of your probation violation. It is crucial to have a plan of defense or be ready to present mitigation to the court as to why you should not go to jail.
What is the punishment on a violation of probation?
The judge could sentence you up to the maximum amount of time that you were placed on probation. The judge could also choose to reinstate your probation or put stricter terms on your probation. Finally, the judge could choose to dismiss the violation if the judge finds it without merit. With fifteen years of experience assisting clients on probation violations, Silva Law will help you prepare for your violation of probation hearing and advocate for you in court.
Speak with an experienced Nashville probation violation attorney about your case.
Silva Law represents clients in Nashville and the Middle Tennessee area. We promise to never stop fighting to you. Silva law offers in-custody visits. To make an appointment with an experienced defense attorney, call 615-258-5541 or email meredith@msilvalaw.com.