Common Probation Violations to Avoid

Probation allows many people convicted of crimes to serve all or part of their sentence in the community, but it comes with conditions that must be followed. According to the Bureau of Justice Statistics, over 3 million adults were on probation in the United States at the end of 2024.

Missing a required meeting, failing a drug test, traveling without permission, or committing a new offense can potentially lead to a probation violation. Below, we discuss some of the most common probation violations in Tennessee, the possible consequences, and steps people can take to stay in compliance.

What is probation?

Probation is a court-ordered sentence that some people may receive after a criminal conviction. When someone is put on probation, they are released back into the community to serve all or part of their sentence under supervision rather than in confinement. Probation sentences do come with specific requirements that the probationer must follow. A failure to do so may lead to consequences.

Common probation violations in Tennessee

Probation is a sentence that requires regular communication and check-ins. Probation violations can range from technical to non-technical. The most common violations include:

Not reporting to the probation officer

One of the most common probation requirements is reporting to a probation officer. Probationers may be able to check in over the phone, but each case is unique and has its own set of requirements.

The probation terms outline how often and how to communicate with the probation officer. When someone fails to contact the officer at the scheduled time, or fails to communicate at all, it may be a violation. A judge may issue a probation violation warrant or summons when this happens.

Failing a drug screen

Some probation terms require regular drug or alcohol screens. When a test comes back positive for illegal substances or for alcohol when alcohol use is prohibited by the probation terms, the probationer may face a probation violation.

Committing a new criminal offense

Committing a new criminal offense while on probation can result in a probation violation and additional consequences. Depending on the circumstances, the person may face both a new criminal case and proceedings related to the alleged probation violation.

Not completing community service hours

Some probationary terms require the person to complete community service hours. While failure to complete community service is not a criminal charge, it may be a violation of the probation terms and result in a warrant.

Traveling without permission

Many probationers are required to seek approval from their probation officer before traveling. When someone travels without permission, it may result in a probation violation.

Not meeting employment requirements

Sometimes the probation terms outline employment requirements the probationer must meet. If someone fails to meet an employment requirement in their probation terms, it may result in a probation violation.

Possessing illegal substances or firearms

Possessing illegal substances or firearms on probation may be a serious violation. Each situation is unique. It’s important that probationers understand the requirements of their probation. An experienced attorney helps clients understand their probation requirements.

What are the consequences of a probation violation?

In Tennessee, the consequences of a probation violation depend on the circumstances, including the nature of the violation and the person’s probation history. Depending on the case, a court may modify the conditions of probation, impose additional sanctions or revoke probation. Some possible consequences may include:

Probation revocation

Probation revocation is one of the most severe consequences. For felony probation, Tennessee law generally does not allow revocation based on a first instance of a technical violation. If probation is revoked, the person may have to serve the remainder of their sentence in jail or prison. Depending on the reasons for the violation, some cases may see an extension of the probation period.

Probation modification

Another possible consequence is a probation modification. When a modification is issued by the courts, the probationer often has more requirements. These could include more counseling, drug tests, or probation officer visits. While a modification is less extreme than revocation, it may pose challenges. Some may find it more difficult to remain compliant.

Jail time

Jail time is sometimes a consequence. This may happen when someone is found to have committed a new criminal offense while on probation. If convicted of the new charge and probation is revoked, the probationer may face consequences in both cases.

Additional sanctions or penalties

In some cases, the consequences are additional sanctions or stricter probation conditions. With probation violations, penalties are not necessarily financial. Some examples of penalties include an increase in supervision or probation time.

How can people avoid probation violations?

Each person’s probation requirements are unique to their specific situation. The best way to avoid a violation is to understand what is required and make sure those requirements are followed. People on probation should:

• Attend all scheduled meetings with their probation officer. They should also ask questions if there is confusion about something.
• Complete all required drug and alcohol testing.
• Finish all required programs or community service ordered by the court.
• Avoid all illegal activities.
• Seek approval from the probation officer before traveling.

Anyone who is on probation and isn’t sure about what they can do is encouraged to speak to their probation officer first. If you fail to do that and are in violation, a criminal defense attorney may be able to help. Contact our office today to request a free consultation.

How can a probation attorney help clients?

A criminal defense attorney can help someone understand their probation conditions and respond when an alleged violation occurs. If a violation hearing is scheduled, the attorney can review the allegations, present relevant evidence and advocate for an appropriate outcome. In some cases, an attorney may also negotiate with prosecutors or probation officials regarding possible sanctions or modifications.

Contact The Law Offices of Adrian H. Altshuler & Associates for a free consultation

Probation violations can become serious issues quickly if people do not act in an appropriate manner. Many people on probation feel more at ease with a criminal defense attorney by their side. At The Law Offices of Adrian H. Altshuler & Associates, we offer free initial consultations to understand your situation. Contact our office today to schedule your free appointment and learn more about your legal options.