Eliminating or reducing probation violation sentences requires an attorney with knowledge of local law, court proceedings, and legal negotiations.There are many situations where a person gets an opportunity to participate in a deferred sentencing program. A deferred sentencing program is often assigned when a person agrees to plead guilty. In exchange for the guilty plea, the court or prosecution agrees to dismiss the charges of probation violation upon completion of certain conditions, such as participation in community service programs. However, failure to live up to the terms of such agreements will usually revoke the agreement between the defendant and the court. In such cases, the defendant is most likely going to be charged to the full extent of the law.
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Defense Of A Probation Violation
The two key legal defenses employed in these cases is negotiation and advocacy. In most cases, an attorney will be able to negotiate with probation officers, prosecutors, or judges for a better outcome for defendants. Usually, this includes pleading guilty and negotiating for alternative sentencing, such as community service, rehab, counseling, or some other court-assigned activity.
In contesting the allegations of probation violation, the defense team bears the burden of proof that the violation of probation was not intentional or true. To successfully contest probation violation charges, it will be necessary for the defense team to produce evidence, witnesses, and other proof that the violation of probation was outside of the defendant’s immediate control.
If you want an aggressive criminal defense team for your probation violation case, then call Sherwood Boutique Litigation at (615) 873-5670 to set up a free and confidential consultation.
Disclaimer: None of the content on this site should be considered as legal advice or counsel. For professional legal advice on any legal matter, contact Sherwood Boutique Litigation at (615) 873-5670.
Aggravated Assault Examples
To Be Convicted, the Government Must Prove (One or More):
A) If you committed assault on a person and:
- Striking or threatening to strike a person with any weapon or object considered to be dangerous
- Shooting a person with a gun or threatening to kill someone with a gun
- Assaulting someone with an intent to commit other felonies, such as robbery or rape
- Assault resulting in serious physical injury of another person
- Assault (threat of violence) while concealing one’s identity
- Assault against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person.
Probation Violation FAQs
Criminal Attorney vs Domestic Violence Attorney?... read more >
Generally speaking, there is no difference between the two terms. The use of “domestic violence lawyer” is mostly used as a term of art to discuss a criminal attorney defending charges related to domestic violence. When the term is used by criminal attorneys, it may indicate that they specialize in resolving domestic violence charges. The general term, however, is criminal attorney or criminal defense attorney. Attorney is also interchangeable with lawyer. – “The more you know.”
What Is The Punishment For 1st Offense Misdemeanor Domestic Violence In TN?... read more >
A Class A Misdemeanor domestic assault conviction in Tennessee is punishable by up to 11 months and 29 days in jail in addition to fines; however, very few people receive the maximum jail sentence. In almost all cases, an anger management class will be required. The real consequences come after you've served your time, paid your fines, and taken your class. One of those is the mandatory loss of your right to possess a firearm for the rest of your life. Read the full list of those consequences here: collateral consequences of having a domestic violence conviction on your record.