Murfreesboro Violation of Probation Lawyers
Your freedom could be at stake
At Kidwell, South, Beasley & Haley, our Murfreesboro criminal defense lawyers know what’s on the line when you are on probation. Under Tennessee law, most people facing confinement for 10 years or less can qualify for probation – the type of punishment in which all, or some of, a jail or prison sentence is deferred. The judge decides whether it is appropriate during the sentencing hearing. Several things – including the type of crime, and any mitigating or aggravating circumstances – determine whether someone is put on supervised or unsupervised probation, and the length of the probationary period. These factors are also used to establish the terms individual probationers must abide by. Failure to comply with even one of these conditions is deemed a violation. This can have serious consequences, including arrest and incarceration.
If you stand accused of a probation violation, you have the right to an attorney
It doesn’t matter whether you’ve knowingly or unintentionally violated your probation. In either case, it is essential that you know your rights and what to expect. Here’s what will happen if the violation does not include the commission of a new crime:
- A trial judge can have a warrant issued for your arrest
- A qualified law enforcement or probation officer will execute it
- After you have been arrested, a hearing is held to see if a transgression has actually occurred
You must attend the hearing. But you don’t have to go alone. One of our Murfreesboro violation of probation attorneys goes with you and presents evidence in your defense. Furthermore, state law mandates that there are certain circumstances in which the prosecutor must share written information with you and/or your attorney.
Our experienced VOP lawyers exhaust all options
In Tennessee, the burden of proof in a probation violation hearing differs from that in most criminal trials. This lesser standard, commonly used in civil cases, is known as a preponderance of the evidence. This simply means the prosecutor must present enough proof to demonstrate it is more likely than not that you violated your probation. If the prosecutor succeeds, the trial judge can:
- Enter a directive that effectively ends your probation
- Reinstate your initial sentence
- Render any alternative punishments applicable in your case
The trial judge does not have the final say, however. If you are found guilty, you have a right to appeal. Our skilled attorneys continue to fight for you throughout this process.
Contact a dedicated Murfreesboro violation of probation attorney now
When you are on probation, it is critical that you follow court-imposed rules in order to avoid additional punishment. At Kidwell, South, Beasley & Haley, our Murfreesboro defense attorneys fully understand the potential ramifications when you are accused of failing to do so. Call our Murfreesboro office at (615) 893-1331 or contact us online to schedule an appointment today.