Probation Violation Defense
in Hattiesburg, Mississippi

A probation violation occurs when someone on probation fails to follow the conditions set by the court. Common violations include new arrests, failing drug tests, missing meetings with a probation officer, or not completing required programs.

At a revocation hearing, the state must prove a violation by a preponderance of the evidence, a lower standard than beyond a reasonable doubt. You have the right to notice of the claimed violations, to present evidence, and to cross-examine witnesses, and you may have an attorney represent you. The judge decides whether to continue, modify, or revoke probation.

Yes. Many violations can be challenged. We often argue that the alleged violation did not occur, that it was not willful, or that revocation is not appropriate under the circumstances.

Common defenses include lack of proper notice, insufficient evidence, technical violations that do not warrant revocation, and showing that you have made significant progress while on probation.

Yes, but Mississippi law limits the punishment for technical violations. Under Mississippi Code § 47-7-37, a first revocation for a technical violation is capped at 90 days and a second at 120 days, served in a technical violation or restitution center; a third can bring up to 180 days or the remainder of the suspended sentence. If the court finds by a preponderance of the evidence that you committed a new felony or absconded, it can impose the entire suspended sentence under § 47-7-37.1. Many violations still result in continued probation with added conditions instead of jail time.

Mississippi law sets firm deadlines. If you are arrested on a probation violation warrant, an informal preliminary hearing must be held within 72 hours to determine reasonable cause, and your revocation hearing generally must be held within 21 days of detention or you must be returned to probation status. Under Mississippi Code § 47-7-37, the revocation charge must be dismissed if the hearing is not held within 30 days of the warrant being issued, unless good cause for the delay is shown.

Yes. A new arrest or conviction while on probation is a serious violation. We often work to resolve the new case favorably while simultaneously defending the probation violation.

Contact an attorney immediately. Do not speak with your probation officer or law enforcement about the alleged violation without legal advice. Early intervention can sometimes prevent a warrant from being issued.

Technical violations (missing a meeting, failing a drug test, etc.) can lead to revocation, but judges often consider the overall circumstances, and Mississippi Code § 47-7-37 caps the punishment at 90 days for a first technical revocation and 120 days for a second, served in a technical violation or restitution center. We present mitigating evidence to argue against revocation.

You have the right to notice of the alleged violations, the right to present evidence and witnesses, the right to cross-examine the state’s witnesses absent good cause, and the right to have an attorney represent you at the hearing.

Yes. In many cases, judges will continue or modify probation rather than revoke it, especially for first violations or technical issues. We work hard to present a strong case for reinstatement.

A new conviction is usually considered a serious violation. The judge can revoke probation and impose the original sentence on top of any new sentence. Strong defense in both cases is critical.

A revocation order cannot be directly appealed in Mississippi. Instead, an unlawful revocation is challenged through a motion for post-conviction relief under Mississippi Code § 99-39-5, and if that motion is denied, the denial can be appealed to the Mississippi appellate courts. We handle these challenges when clients want to contest an unfavorable ruling.

Bring proof of compliance (completion certificates, negative drug tests, employment records, letters of support) and any evidence that shows you are making positive changes. We help organize this material.

An experienced attorney can challenge the evidence against you, negotiate with the probation officer or prosecutor, present mitigating evidence, and argue for continued probation instead of revocation and jail time.