Violation of Probation in Tennessee: Consequences and Your Rights
So, what does someone do if they violate probation? What are the consequences? What rights do they have? Keep reading to learn more about probation violations in Tennessee.
What is probation?
Probation is a type of sentencing that allows those who have been convicted of a crime to receive a somewhat lenient penalty, or it can be used as one part of a jail sentence for more serious crimes. Probation is sometimes given to first-time offenders or those who have committed non-violent crimes. In some cases, jail time can be completely avoided with a probation sentence.
It is important to note, however, that probation is not an opportunity to go free after a conviction. Some rules might restrict an offender’s movements depending on the nature of the offense. They might be required to attend a specific number of hours of treatment programs, complete community service hours, and are often required to either show up in person to meet with their probation officer or call in on specified days and times.
The restrictions placed upon someone are serious. Probation is a community supervision program that allows someone to avoid jail, but it involves their strict adherence to the rules and conditions of their probation.
Types of probation violations
Someone violates probation when they break the conditions of their probation. The actions that violate probation will vary by individual and depend on the terms of their probation. There are technical and non-technical violations, which both carry serious consequences. Discover the details about both below:
Technical probation violations
Technical violations are those that violate probation conditions but do not constitute a new felony, new Class A misdemeanor, zero-tolerance violation, absconding, or prohibited victim contact. Some typical examples of technical probation violations include:
- Not attending a meeting with the probation officer
- Not serving their required community service hours
- Failing certain drug tests
- Falling behind on the required fees or fines
- Failing to complete the required classes or treatment plans
Technical probation violations can result in serious penalties, including possible jail time. Under Tennessee’s current probation statute, a first instance of a technical violation of felony probation cannot result in revocation; a second or subsequent instance may result in graduated periods of incarceration, and repeated violations can eventually result in serving the remainder of the sentence. This depends on the circumstances of their specific case.
Non-technical probation violations
If someone commits a new felony or Class A misdemeanor while on probation, it’s considered a non-technical probation violation. Examples include:
- Committing a new felony
- Committing a new Class A misdemeanor
- Absconding
- Committing a zero-tolerance violation
- Contacting a victim in violation of a probation condition
If you’ve violated probation and want to speak to an attorney about your situation, we encourage you to reach out to Law Offices of Adrian H. Altshuler & Associates for a consultation today.
What are probation violation penalties in Tennessee?
There are several penalties someone could face after a violation. Some examples of possible penalties include:
- Jail time
- A warning
- A modification to the probation terms
- Additional consequences, such as new programs or more reporting requirements
- A revocation of the probation, meaning the individual could have to serve some or all of the original sentence
An experienced criminal defense attorney helps clients after a probation violation. They can attend hearings and challenge alleged violations. They can also request alternative outcomes if a jail sentence is proposed. Contact us today to discover more about your legal options.
Probation in Tennessee FAQs
A lot of people have questions about probation in Tennessee. We’ve answered the most common ones below.
What happens if you violate probation in Tennessee?
The consequences for violating probation in Tennessee depend largely on the violation. A probation officer may issue a warning or report someone to the court for alleged violations. Violators would then attend a probation violation hearing. A few factors impact the penalty recommended by a probation officer. These may include:
- How long someone has served on probation
- Their record with that officer
- The severity and type of violation they committed
The consequences for violating probation are serious, and violators could receive the punishment that they received for the original offense. A dedicated criminal defense attorney helps clients to navigate probation violations.
What are possible defense strategies for a probation violation in Tennessee?
An attorney helps craft the best defense strategy for the specific situation. Strategies are not guaranteed to work, and we can’t recommend a particular one for your case without knowing the details.
In general, attorneys ask for lighter sentences, amended probation terms, or payment plans to help their clients avoid jail time. If you are curious about possible defense strategies for your situation, we encourage you to contact the Law Offices of Adrian H. Altshuler & Associates today for a case evaluation.
What is a probation revocation hearing?
A probation revocation hearing includes a two-step inquiry. After determining that a probation violation occurred, the judge first decides whether to revoke probation. The second step is deciding the appropriate consequence.
A probation revocation hearing is much different than a criminal trial. Judges have wide discretion about probation hearings. The burden of proof is also much lower. Probation violators must attend hearings with a strong strategy. A dedicated criminal defense attorney helps clients prepare for these hearings. Contact us today to see if we can help you.
Can you be jailed while waiting for a revocation hearing?
It depends. In some cases, it is possible that someone may be held while waiting for the revocation hearing. The circumstances of the case are important. We recommend you speak to an experienced criminal defense attorney to understand more about possible scenarios for your probation violation.
What are the considerations the judge weighs?
In Tennessee, courts have wide discretion when reviewing probation violations. They typically look at the nature of the violation, the risk level of the offender, their history, and other relevant factors. Speaking to a criminal defense attorney will help offenders understand more about what to expect at their hearing.
Contact the Law Offices of Adrian H. Altshuler & Associates for a consultation today
It can be frustrating to feel monitored, but violating probation can land someone in hot water. Many violators will want a skilled criminal defense attorney representing them if they have been charged with violating the terms of their probation.
The Law Offices of Adrian H. Altshuler & Associates is here to help. Since 1991, our team of skilled defense lawyers in Tennessee has helped uphold the rights of the accused and sought justice on their behalf. Please fill out our contact form to request a consultation to discuss your unique situation.