What Happens When You Violate Probation in Tennessee?
Turn to an aggressive Murfreesboro probation violation lawyer for reliable legal and advice and guidance
Criminal charges and convictions often have lasting effects that negatively impact your personal, professional and financial status. One of the most common penalties for a wide range of criminal offenses is probation. There are currently more than 50,000 offenders currently on probation in Tennessee. If the judge determines that probation is an acceptable option in your case, your sentence is suspended pending successful completion of the terms and duration of your probation. Probation allows the offender to remain in the community rather than going to jail or prison. However, probation is not simply a “get out of jail free” card and it has its own potential pitfalls.
Probation violations occur for a variety of reasons including:
Testing positive for drugs or alcohol
Failing to attend court-ordered treatment or counseling
Violating the employment or residency conditions of your release
Being arrested for additional crimes
Possessing a firearm if you are a convicted felon
If your probation officer suspects that you have violated your probation, a judge determines if the allegations are valid and may issue a warrant for your arrest. If accused of violating probation, you are entitled to a court hearing and may present evidence refuting the allegations. The State bears the burden of proving the alleged violations by a preponderance of evidence. It is important to maintain records and gather documents that prove you have complied with the conditions of your probation.
If the judge determines that you violated your probation, there are several potential outcomes. Your original sentence may be reinstated and send you to jail for the original amount of time. In some cases, you may be placed back on probation subject to additional restrictions.
The Tennessee Department of Corrections has also established a Probation Technical Violator Unit for eligible offenders that have their suspended sentence revoked. This is an intensive work and treatment regiment, similar to boot camp, which provides an alternative to traditional incarceration. This program requires a minimum duration of 120 days.
The Rutherford County criminal defense attorneys at Dotson & Taylor have helped numerous clients facing probation violation allegations achieve positive resolutions and protect their rights. Call 615-890-1982 or send an email to schedule a free consultation at their Murfreesboro office.0