What Types of Crimes Have a Probation Option?

Once you plead guilty or are found guilty of committing a crime in the state of Tennessee, you may petition to get a probation order in place of a jail sentence. With this, you and your lawyer must demonstrate that you are a good candidate for probation. Namely, that you have reformed since the time you committed your criminal act, and that you would now benefit more from remaining in society than being isolated in jail. Before you make efforts with this argument, though, you must confirm that you are eligible for probation in the first place. That said, please continue reading to learn the types of crimes that give a probation option and how one of the experienced Clarksville probation violation lawyers at Fendley and Birch can help you better understand the terms and conditions that may come with yours.

What types of crimes give the option of a probation sentence?

Essentially, if you are a first-time offender of a non-violent crime, you may be eligible for a probation order in place of a jail sentence. More specific examples of such eligible crimes are as follows:

• Theft.
• Burglary.
• Vandalism.
• Forgery.
• Fraud.
• Assault.
• Drug possession.
• Driving under the influence.

This implies that violent crimes, such as first- and second-degree murder, aggravated robbery, aggravated kidnapping, and sex crimes, require a jail sentence to stay put.

What are the different types of probation I may be ordered to?

If you are successful in your petition for a probation order, the Tennessee criminal judge may either grant you supervised or unsupervised probation. Supervised probation is the most common type, in which you may be expected to attend mandatory, routine check-ins with your appointed probation officer. This is so they may follow your progress and ensure you remain in compliance with the other terms and conditions of your probation order, such as attending school as promised, attending work as promised, or otherwise. Further, this means that the officer may also order you to submit to random or alcohol testing, if relevant to your previous crime; or, participate in anger management counseling.

Contrastingly, unsupervised probation is a less restrictive route. You may be eligible for this alternative if your previous crime was a misdemeanor rather than a felony, or if your case was handled with a pre-trial intervention or through a diversion, such as a drug court or another program. However, you should not let the name mislead you, as you may not be left completely unsupervised at this time. That is, you may still be expected to make frequent court appearances as ordered, follow travel restrictions as ordered, perform community service as ordered, and more.

Going about your criminal defense should not be done without the wise legal counsel of one of the skilled Montgomery County criminal defense lawyers. So please call to schedule your initial consultation with us at Fendley and Birch today.