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Memphis Probation Violation Attorney
Don't Waste Time With an Attorney Who Doesn't Know What to Do
A probation violation could mean serious jail time. Our law firm has handled dozens of probation violations and we've kept good people who've made honest mistakes from having to serve the remainder of their sentences. Some judges treat probation violations more harshly than others. Our attorneys know the nuances of the Shelby County Criminal Justice Center and can navigate your probation violation to an acceptable outcome.
If someone you care about was placed on felony or misdemeanor probation in Memphis, and is now in the Shelby County Justice Center awaiting a probation violation hearing for alleged violations of the terms of their probation, you should consider hiring a Memphis probation violation attorney. A probation violation often leads to incarceration or other harsh consequences. Our Memphis probation violation attorneys can help.
We've kept good people who've made honest mistakes from having to serve the remainder of their sentences. Call (901) 578-1515 for a free consultation.
Your Attorney
Jason Balestrini — Memphis Probation Violation Attorney
Attorney Jason Balestrini's practice is dedicated exclusively to criminal law in Shelby County. He has handled probation violations at every level — technical violations, new offense violations, and everything in between — and he knows the tendencies of the judges and prosecutors at the Shelby County Criminal Justice Center the way you need your attorney to know them when you're facing the possibility of serving your full sentence.
Probation violation hearings move fast. Having an attorney who already knows this court, these judges, and these prosecutors from hundreds of prior cases is not optional when your freedom is on the line. If you were just arrested on a violation, the first priority is bond — learn more about bail hearings and bond reduction →
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Your Three Options
What Happens at a Probation Violation Hearing
At a probation violation hearing, the probationer has three basic options: go forward with the probation violation hearing, waive the hearing and stipulate to the truth of the allegations and argue for reinstatement, or negotiate some outcome with the prosecutor.
Option 1 — Go Forward With the Hearing
If the probation revocation hearing goes forward, the prosecutor will present evidence — usually consisting of the probation officer's testimony. The probation officer and the prosecutor will attempt to establish that the probation violation occurred as described in the violation report. Your attorney will have an opportunity to cross-examine the probation officer and any other witnesses the prosecutor calls, and an opportunity to call their own witnesses, which may include the probationer.
When each side has had an opportunity to present evidence and argue the facts, the judge will determine whether the allegations in the violation report are true. If the judge determines the allegations are not true, the probationer is reinstated and released from custody. If the judge finds the allegations are true, the judge then has several options for what happens next.
Option 2 — Stipulate and Argue for Reinstatement
In some circumstances it may make sense to waive the revocation hearing and stipulate to the allegations in the violation report. Why would someone want to do this? In many instances, the allegations may be essentially true but written from a limited or biased perspective. Stipulating to the violation report allows the probationer the opportunity to take some measure of responsibility and also tell the complete story to the judge. It also avoids drawing out the process and prevents the probation officer from testifying extensively about the alleged violations.
Additionally, the probationer will have an opportunity to present evidence of the positive things they have done while on probation — obtaining employment, doing community service, and so on. Stipulating to the report doesn't mean the probationer is stipulating to be revoked and sent to jail or prison. On the contrary, most of the time the probationer is asking for reinstatement. In many instances, reinstatement is granted — although that depends heavily upon the seriousness of the violations and the tendencies of the judge presiding over the case.
Option 3 — Negotiate a Resolution
Your attorney and the prosecutor can negotiate a particular resolution and recommend the judge order that outcome. Keep in mind, this requires the probationer to stipulate to the violation report, and technically, the judge doesn't have to follow the parties' recommendation. The prosecutor is also not always willing to negotiate. In many instances, the prosecutor will not accept anything other than revocation — leaving only the two preceding options.
Possible Outcomes
What the Judge Can Order
Whether the probation violation hearing goes forward, the probationer stipulates and argues for reinstatement, or the case is negotiated, the judge ultimately decides the outcome. There are several possible results:
- Revocation and imposition of the full suspended sentence — the worst outcome, meaning you serve the original sentence in full
- Revocation and imposition of a lesser, amended sentence — revoked, but for less than the full suspended sentence
- Reinstatement with added conditions — conditions might include intensive supervision, completion of a drug treatment program (inpatient or outpatient), or serving some time in jail before reinstatement
- Reinstatement with no conditions — back on probation under the same terms as before
- Discharged completely from probation — the best possible outcome
The outcome depends heavily on the judge, the nature of the violations, and the quality of your legal representation. Our attorneys know the tendencies of the judges at the Shelby County Criminal Justice Center and how to position your case for the best possible result.
Common Questions
Probation Violations in Memphis — What You Need to Know
What is a probation violation in Tennessee?
A probation violation occurs when a probationer fails to comply with the terms and conditions of their probation. Common violations include failing a drug test, failing to report to a probation officer, getting arrested for a new offense, failing to pay fines or court costs, failing to complete community service, or leaving the jurisdiction without permission. Even technical violations — those that don't involve new criminal conduct — can result in incarceration.
What happens after a probation violation is reported in Memphis?
Once a violation is reported, the probationer is typically taken into custody and held at the Shelby County Justice Center pending a probation violation hearing. Bond may or may not be set depending on the circumstances. The hearing is scheduled before the judge who originally sentenced the probationer, and the prosecutor and probation officer will present evidence of the alleged violations.
Can I bond out after a probation violation arrest?
It depends on the judge and the nature of the violations. In some cases bond is set; in others the probationer is held without bond until the hearing. An attorney can make arguments for bond at the initial appearance. Getting an attorney involved immediately after a probation violation arrest is critical.
What are my options at a probation violation hearing?
You have three basic options: go forward with the hearing and contest the allegations; waive the hearing, stipulate to the violations, and argue for reinstatement; or negotiate a resolution with the prosecutor. Each option has advantages and disadvantages depending on the strength of the evidence, the nature of the violations, and the tendencies of the judge. An experienced attorney will know which approach gives you the best chance of staying out of jail.
What is the burden of proof at a probation violation hearing?
The burden of proof at a probation violation hearing is lower than at a criminal trial. The prosecutor does not need to prove the violations beyond a reasonable doubt — they only need to establish them by a preponderance of the evidence, meaning more likely than not. This lower standard means violations are easier to prove, which is why having an experienced attorney to challenge the evidence and present mitigating circumstances is so important.
What can the judge do at a probation violation hearing?
The judge has several options: revoke probation and impose the full suspended sentence; revoke and impose a lesser amended sentence; reinstate probation with additional conditions such as jail time, intensive supervision, or drug treatment; reinstate probation under the same conditions as before; or discharge the probationer from probation entirely. The outcome depends heavily on the judge, the nature of the violations, and the quality of legal representation.
Is it worth hiring an attorney for a probation violation?
Absolutely. The stakes at a probation violation hearing are as high as any criminal proceeding — you are facing the possibility of serving your full original sentence. An attorney who knows the tendencies of the judges and prosecutors at the Shelby County Criminal Justice Center can make a significant difference in the outcome, whether by challenging the evidence, negotiating with the prosecutor, or presenting mitigating evidence to the judge.