When you are facing criminal charges perhaps the number one thing on your mind is how you can avoid going to jail. Being sentenced to jail or prison can have a significant impact on your life, employment, personal relationships, and more. Criminal defendants may be able to get a period of probation instead of serving time in jail depending on the specific circumstances of their case. Contact a Memphis criminal defense attorney for more information on your legal options and to obtain skilled representation during your case.
What is Probation?
Probation is a type of supervised release that criminal defendants can receive as an alternative to jail or prison. This release allows the individual to serve a term of punishment while remaining in their community. During probation, the defendant must abide by specific conditions and rules set by the court. Some examples of conditions that are commonly used in probation agreements include the following.
- Regularly meeting with a probation officer
- Attending counseling
- Maintaining employment
- Refraining from criminal activity
- Submitting to drug or alcohol testing
- Remaining in a specific geographic area
- Refraining from having contact with any victims
- Abiding by a curfew
Violating these terms can result in a revocation of probation and incarceration.
Can I Get Probation Instead of Jail in Tennessee?
You may be able to get probation instead of jail time in Tennessee. Probation can be granted by a judge as part of their sentencing or as a condition of a plea bargain. A judge may offer probation instead of jail or implement a period of probation after a certain amount of time has already been served in imprisonment.
If you want to avoid jail time altogether, you may consider a plea bargain where you plead guilty in exchange for a less harsh sentence. Even if you go to trial and are found guilty, a judge can issue probation instead of jail if they determine that it is a suitable punishment for your crime.
What Factors Impact My Chances of Receiving Probation?
Keep in mind, however, that probation is not automatically granted to every defendant. In Tennessee, an individual’s eligibility for probation depends on several factors. The following are some aspects of a case that can influence whether probation is an option.
- The nature of the offense
- The defendant’s criminal history
- The sentencing guidelines of the specific offense
- Whether the defendant shows remorse
- Whether the defendant shows a willingness to undergo treatment and rehabilitation
Some offenses are inherently ineligible for probation due to their severely damaging or violent nature. These can include
- Aggravated robbery
- Vehicular homicide
- Aggravated kidnapping
- Aggravated sexual battery
- Statutory rape
- Aggravated child abuse
- Manufacturing, delivering, selling, or possessing a Schedule I controlled substance
- Child pornography
- Aggravated sexual exploitation of a minor
If you were convicted of any of the above you will not be able to receive probation. For more information and legal assistance during your criminal case, contact an experienced defense attorney today.
