Probation Violations Lawyer in Murfreesboro, TN
Experienced & Dedicated Criminal Defense Representation
Upon being convicted of a criminal offense in Tennessee, you may be allowed to serve part or the entirety of your sentence on probation. This means being permitted to re-enter or remain in the community while under the supervision of the court through a probation officer. Probation is often offered by the court in addition to a jail or prison sentence, beginning when your incarceration ends. It may also be ordered in lieu of a jail or prison sentence as an “alternative” sentence. This alternative sentence is often given to first-time offenders, especially those convicted of nonviolent and often low-level crimes, such as misdemeanors.
When probation is granted, it generally involves strict requirements that must be followed to avoid being reincarcerated or serving out your initial jail sentence. Failure to abide by the terms and conditions issued by the court can lead to a probation violation. At the Law Office of Michael Auffinger, we are thoroughly familiar with the process of defending individuals against probation violations. Depending on the circumstances of your case, various defenses may be used to help you avoid incarceration and/or fines. With years of experience, you can depend on Attorney Auffinger for the competent and committed assistance you need.
Probation Violations in Tennessee
When granted probation, terms and conditions to which you are subject will be set by the court depending on the facts of your case.
Common probation conditions include:
- Reporting regularly to your probation officer
- Keeping your criminal record clean from new offenses
- Paying any fines or fees ordered by the court
- Being required to undergo random drug or alcohol testing
- Completing community service hours
- Completing any substance abuse program or other program ordered by the court
- Abiding by the terms of a restraining order/order of protection
- Seeking and maintaining employment
- Staying within the city or state
If you fail to abide by the terms, it is usually your probation officer who will file a warrant with the court that will be reviewed by a judge to determine if you should be arrested. Violations can range from being arrested for a new criminal offense, failing to pay court fines or fees, failing a drug test, and more.
Probation Violation Hearings
Whenever a probation violation occurs, you have the right to appear before the court in a hearing. In the hearing, you can present your side of the story to the judge backed up by evidence. The burden of proof will be upon the State of Tennessee to show that you did indeed violate your probation terms. However, this does not have to be shown “beyond a reasonable doubt.” Only a “preponderance” of evidence needs to be demonstrated to the judge that the violation occurred. This means that more evidence shows that you violated probation rather than you did not. Because of this lower standard which makes it easier to prove a violation, it is vital that you have a skilled and experienced criminal defense lawyer representing you.
Team Up with a Seasoned Murfreesboro Probation Violation Attorney
When accused of violating your probation, you could be at risk for hefty fines, jail time, more restrictions added to your current probation terms, or your probation terms being extended. You need to fight back with a strong defense. You can rely on Attorney Auffinger as a dedicated advocate who will work vigorously to help you avoid these penalties where possible so that you can keep your life moving forward in a positive direction.
Available in Your Time of Need
The firm is committed to making itself available by phone outside of normal office hours.
Experience & Comfort in Court
Michael Auffinger has successfully defended criminal allegations at all levels of the criminal court system.
A Proven Record of Results
Attorney Michael Auffinger obtained a rare reversal and dismissal at the Court of Criminal Appeals.
Aggressive Criminal Defense
When you hire Attorney Michael Auffinger, you get a committed fighter in the courtroom.