Nashville Probation Violation Attorney
Compassionate Advocacy In Davidson County And Throughout Middle Tennessee
Probation allows you to avoid the harsher consequences of criminal sentences, including jail time. When you are on probation, you will be expected to meet stringent requirements. You can be arrested if the state believes you have violated one or more of these requirements. This could ultimately result in your probation being revoked, which means you will have to serve the rest of your sentence in prison.
Chelsea Nicholson, Attorney at Law, has over 16 years of legal experience and is deeply familiar with Tennessee’s probation system. I am attorney Chelsea Nicholson and I am committed to helping members of our community avoid exorbitant fines and jail time. When you are arrested for an alleged probation violation, I will do everything possible to minimize the negative consequences and protect your freedom. I care deeply about my clients and can provide you with the no-judgment representation you need.
Possible Conditions Of Probation
The specific conditions of probation will vary and will be decided by the judge involved in an individual’s sentencing. It is important that you fully understand the conditions of your probation so that you do not inadvertently violate one or more requirements.
Probation requirements may include:
- Paying all fines associated with your sentence
- Not committing any other crimes, related or unrelated
- Completing mandatory community service
- Submitting to regular drug testing
- Reporting to your probation officer at routine, scheduled intervals
- Abiding by a curfew
- Remaining in a certain state or municipality
You must follow all the requirements of your probation to the letter if you wish to avoid additional consequences. In most cases, your probation officer will be responsible for filing a warrant if they believe a violation has occurred. An arrest may follow if a judge agrees you likely violated your probation.
Common types of probation violations include:
- Failing a court-ordered drug test
- Failing to pay a court-ordered fine
- Failing to make a mandatory court appearance
- Failing to check in with your probation officer
- Failing to obey curfew
- Committing another crime
- Leaving the state or municipality you are restricted to without express permission
Probation Violation Hearings Defense In Tennessee
When you are arrested for a probation violation, you have the legal right to request a hearing. You should always exercise this right, even if you know you intentionally or unintentionally violated a requirement of your probation.
At your hearing, the judge assigned to your case will review the facts and circumstances before determining whether you violated your probation. The state will only need to provide a preponderance of evidence that you violated some element of your probation. This means they will only need to demonstrate that you more likely than not violated your probation.
Penalties for probation violations include additional fines, additional jail time and community service. Your existing probation may be revoked, which means you will be incarcerated for the rest of your sentence. The judge may also choose to modify your probation and institute stricter requirements.
“I came out completely vindicated and in the clear.” – Ben (review from Google)
I can help to pursue a variety of defense strategies in these hearings, including:
- Emphasizing that this is your first probationary offense. Even if you inarguably violated the terms of your probation, judges will often allow leniency for first-time, minor offenses.
- Demonstrating you worked hard to honor the terms of your probation up until this point. Probation can last for several years. Judges will also sometimes consider leniency if it can be proven that you dutifully made every effort to do what is required of you for the majority of the probationary period.
- Showing the probationary violation was the result of extraordinary circumstances or factors outside of your control. There are scenarios where it may not necessarily be your fault that you violated some term of your probation. For example, you may have been temporarily incapacitated in a car accident and thus were unable to make a mandatory court appearance. Similarly, sometimes extraordinary circumstances will force you to make a reasonable decision that technically violates some element of your probation. You might learn your elderly parent is seriously ill and may not survive the night, for example, and you may make the decision to violate curfew and drive to see them.
- Establishing that you did not intentionally violate your probation. Depending on the circumstances, I can argue that you misunderstood the terms of your probation and had no intention of violating it.
- Arguing you did not violate your probation in the first place. There may be some situations where you are accused of violating your probation when you clearly have not done so. I will utilize all available evidence to defend your innocence in these instances.
No matter the circumstances of your probate violation, I am qualified and ready to help. Chelsea Nicholson, Attorney at Law, only cares about providing you with the legal support you need in this difficult moment. As a local Nashville probation violation lawyer, I can work to secure your hearing and will fight tirelessly to obtain the best possible outcome.