What Happens if I Violate My Probation Order?

Reviewed by Jacob W. Fendley

You may feel relieved and grateful that the Tennessee criminal court ordered you to a probationary period rather than jail or prison time. However, it’s important to realize that with this freedom comes strict terms and conditions imposed by the court. As such, violating these terms can result in serious legal consequences, regardless of whether or not the violation was accidental or intentional. That said, please read on to discover what happens when you violate a probation order and how one of the seasoned Clarksville probation violation lawyers at Fendley and Birch can help you avoid its consequences.

What Are Common Ways Probation Violations Happen in Tennessee?

Probation violations are not always intentional. In many instances, those on probation do not understand the full scope of their restrictions or fail to understand just how seriously these conditions are enforced by the courts. As such, this may result in accidental violations.

Accidental or Technical Violations

• Missing scheduled check-ins with probation officer due to scheduling errors or lack of notice
• Traveling outside of geographic boundaries or leaving the state without prior permission
• Associating with restricted individuals or unknowingly entering prohibited locations
• Failing to complete counseling, community service, or treatment as required by the terms of your probation

It is important to understand that “technical” carries a considerable statutory meaning. Under TN Code § 40-35-311(g), a technical violation is any act that breached the terms and conditions of your probation but is not:

• A new felony
• A new Class A misdemeanor
• A zero tolerance violation in accordance with the Department of Correction’s community supervision sanction matrix
• Absconding or contacting the victim

The technical distinction controls what the judge is permitted to do when a violation occurs.

Substance-Related and Compliance Violations

• Consuming drugs or alcohol, despite probation terms prohibiting the use of substances
• Failing any drug or alcohol testing
• Being found in possession of a controlled substance or drug paraphernalia
• Missing or refusing to submit to testing

Standard Conditions Imposed in Tennessee Probation Orders

It’s necessary to understand that each criminal case is different, and as a result, the exact terms and conditions of your probation may vary based on the offense you are convicted of. However, Tennessee courts generally adhere to statutory rules designed to monitor behavior and encourage rehabilitation while protecting the general public.

Typical Probation Requirements

• Regularly reporting to your probation officer on a weekly or monthly basis
• Participation in counseling, whether it be for substance abuse, anger management, or mental health
• Paying any fines, court fees, or restitution
• Adhering to firearm restrictions
• Maintaining employment
• Complying with restricted location or prohibited person orders
• Completing community service

Additional Conditions Based on Conviction

• Restricted internet access
• Registration as a sex offender
• GPS monitoring
• Curfew requirements
• Drug and alcohol testing

What Happens After a Probation Violation Is Reported?

When an alleged probation violation occurs, the penalties you can face are based on a number of factors, such as the alleged violation, its severity, your prior compliance, and the probation officer’s assessment. As such, even seemingly minor violations may escalate if not remedied in a timely manner.

Probation Officer and Court Responses

• May be issued a warning for a minor or first-offense violation
• A violation report may be filed with the court
• A summons may be issued, requiring your appearance before a judge
• Serious and repeated violations can result in a warrant for your arrest

Legal Standard Used in Probation Violation Hearings

• Courts utilize the “preponderance of the evidence” standard
• This is lower than the traditional “beyond a reasonable doubt” standard used in criminal cases
• Prosecutors are only required to show that it is more likely than not that a violation occurred

What Happens at a Probation Revocation Hearing?

TN Code § 40-35-311 establishes procedure when an alleged probation revocation hearing occurs:

• How the case begins: Under § 40-35-311(a)(1), the judge reserves the right to issue an arrest warrant, or if the probation officer brings a technical violation and the judge sees fit, may issue a criminal summons instead.
• Your rights at the hearing: Under § 40-35-311(b):
  • The court is required to inquire into the charges at the earliest practicable time
  • You must be present
  • You have the right to be represented by counsel
  • You have the right to introduce testimony on your own behalf
• Challenging a positive drug test: Under § 40-35-311(c), a laboratory report may be admissible without the administering technician’s testimony only if a detailed affidavit is provided. Additionally, the state must provide you or your attorney the report and affidavit at least five days in advance. In the event you are raising a valid objection, the judge will require the technician to testify.
• Right to appeal: Under § 40-35-311(e)(3), if the judge revokes your probation, you have the right to file an appeal.

What Are the Potential Penalties for a Tennessee Probation Violation?

When someone on probation is shown to have violated the terms and conditions of their alternative sentencing, the judge will have broad discretion on how to respond to these matters. As such, the outcome will depend on the nature of the violation, as well as the defendant’s criminal history and whether or not they have been in compliance with the terms thus far.

Potential Consequences Imposed by the Courts

• Modification of probation
• Extension of probation period
• Inclusion of new, more restrictive terms
• Short-term incarceration
• Full revocation
  • This requires the defendant to serve the judgment as initially entered, though it may be reduced by time already successfully served on probation

It’s important to understand that a full revocation is not available in all cases. Under § 40-35-311(d)(2), a judge cannot revoke probation on a felony sentence based on a single technical violation. As such, under § 40-35-311(e)(1), a second or subsequent technical violation on a felony sentence will only result in a temporary revocation with capped incarceration:

• First revocation: 15 days
• Second revocation: 30 days
• Third revocation: 90 days
• Fourth revocation: Remainder of the sentence

Those caps are no longer applicable under § 40-35-311(e)(2), when the violation is considered a serious category rather than a technical violation. When this occurs, the court may issue a full revocation and order the probationer to serve the full original sentence executed.

It’s also important to understand that the graduated structure is only applicable to felony sentences, so a suspended misdemeanor sentence may be revoked on a first technical violation.

Contact an Experienced Criminal Defense Attorney Today

If you have been accused of violating the terms and conditions of your probation in Tennessee, you should not take this matter lightly. Because the penalties for a violation can be incredibly harsh, it’s in your best interest to connect with an experienced attorney at Fendley and Birch. Our legal team understands how complex this process can be, which is why we will do everything in our power to help you fight for the justice you deserve. Contact us today to learn how we can represent you.