What Are the Consequences of Violating Probation in Tennessee?

Probation offers individuals convicted of a crime the chance to serve their sentence under supervision instead of behind bars. However, this privilege comes with strict rules. If you are accused of violating the terms of your probation, you could face serious consequences, including arrest, jail time, or even the revocation of your probation entirely. Understanding your legal obligations during probation is crucial to ensuring compliance with your court order. Continue reading for more information, and contact an experienced Memphis probation violation lawyer to set up your free case evaluation today.

What is a Probation Violation?

Probation is an alternative to jail or prison time that can be awarded when an individual is convicted of a criminal offense. It is a form of conditional freedom, meaning that the individual is permitted to remain in the community while serving their time under the supervision of a probation officer and while abiding by certain rules.

Common conditions of probation include the following.

• Obey all laws
• Report regularly to a probation officer
• Refrain from traveling outside of the county or state without permission
• Abstain from drugs or alcohol and submit to random testing
• Submit to random searches of the house, vehicle, or person
• Maintain steady employment or attend school full-time
• Attend counseling, treatment, or community service programs
• Pay fines or restitution

The actual conditions of your probation will depend on the specific circumstances of your offense. Acting in a way that opposes any of the terms is considered a violation. There are two main types of violations: technical and substantive.

A technical violation occurs when you go against the conditions set forth in the probation agreement. For example, missing a meeting with your probation officer or dropping out of school may be a technical violation. A substantive violation occurs when you commit a new crime. Obeying all laws is an important part of every person’s probation agreement, so participating in criminal activity again is a serious violation.

What Are the Consequences of Violating Probation in TN?

If a judge finds by a preponderance of evidence that you have violated the conditions of your probation, you can face a variety of consequences. Tennessee Code § 40-35-311 outlines the possible repercussions of a violation, which can include the following.

1. Continuance of probation as is: You could be given a verbal or written warning not to engage in the behavior again and to continue complying with the conditions of probation. This generally applies to first or minor violations.
2. Modification of the terms: You could be permitted to remain on probation with modified terms. This can include adding new conditions or making existing conditions more stringent.
3. Temporary revocation of probation: Your probation could be temporarily revoked, and the judge could impose short-term jail sentences as a penalty before probation is reinstated.
4. Revocation of probation: Your probation could be revoked altogether, and you could be ordered to serve all or part of your original sentence in jail or prison.

The outcome of a probation violation hearing will depend on the specific circumstances of the situation, like the type of violation that was committed, your criminal history, whether it is a first or subsequent violation, and more.

For more information and to obtain skilled legal representation, contact a knowledgeable criminal defense attorney today.