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The
Law Offices Of
James A.H. Bell, P.C.
865.637.2900
Probation violations can be very serious for a number of reasons. People who are on probation and fail to follow the terms of the probation may face time in jail, or even prison. The person accused of violating probation usually will be facing the same punishment that they could have received for the crime they were originally accused of committing. In some cases, that could be years in prison.
It is important that someone who is facing probation violation charges understand the seriousness of the charge and the process involved. It is not relevant whether the person actually committed the original charge, only whether there was a violation of the terms of probation. Moreover, the burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the original criminal charge, but simply a preponderance of evidence, which is a much lower standard.
Our Knoxville, Tennessee criminal defense lawyers can represent you as soon as you learn that you are being charged with a probation violation. We will work to understand the basis for the probation violation charge, and the reasons why there may have been noncompliance. We will make every effort to explain the circumstances to the prosecutor even before the probation violation hearing, to try to resolve that matter without having a probation violation hearing.
In other words, we will work to try to get you a second chance even before the probation hearing occurs. If we are unable to do that, we will defend you at the probation violation hearing, and challenge any evidence introduced by the prosecutor.
Consequences for a conviction on the charge of Probation Violation include:
* Probation revoked
* Jail or imprisonment (depends upon original conviction)
* Significant fines
* Probation reinstatement with additional terms including:
o Jail/Prison
o Longer term
o Community service
o Rehabilitation program
o Additional fines
We know what issues are at stake in a revocation of probation case. The question that must be asked in every probation violation defense case is whether or not you violated a general or a special condition of your probation. This isn't about defending against the criminal charges. This is only about defending against the specific points of the agreement that the probation officer claims you violated. That means challenging the officer's motivations, opinions, and interpretation of the terms. We have the experience, skills, and resources to present your side of the story in the very best light.
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